Young v. Eldridge

In Young v. Eldridge, 243 S.W.2d 483 (Ky. 1951), a circuit court reviewed orders of the Department of Motor Transportation (DMT) relative to renewing, granting, or refusing certain certificates to operate trucks. Truck operators had filed protests to a renewal, and the DMT denied the motion to renew and a motion to operate a route identical to one the operators already had. The applicant seeking renewal appealed, and the action remained on the court's docket. Another party filed a complaint, alleging that the applicant was in violation of its certificate and was encroaching upon it. The applicant sought a certificate for unrestricted operation from Louisville to Jamestown over what was called a "'slightly different route.'" Id. at 485. The other parties protested the filing of the second application while the DMT's ruling was pending on appeal in the circuit court. The DMT acted, granting a certificate to operate from Louisville to Somerset and from Louisville to Jamestown. This ruling was affirmed by the circuit court, which also affirmed the ruling where the DMT had denied the previously mentioned motion to reinstate a certificate. In making its decision, the Young court stated, "The DMT was without jurisdiction to hear the applicant's application for an unrestricted certificate from Louisville to Jamestown while the appeal was pending from the DMT's ruling wherein it refused to renew certificate No. 110 or to grant a new certificate covering an identical route." Id. at 485.