Billings Yellow Cab, LLC v. State ex rel. Pub. Serv. Comm’nAnnotate this Case
After Senate Bill 140 was enacted in 2011, Billings Yellow Cab, LLC applied to the Public Service Commission (PSC) for issuance of a certificate of public convenience and necessity (PCN certificate) as a grandfathered entity. The PSC denied the application. Yellow Cab subsequently filed a second application for a PCN certificate as a Class B carrier. After a hearing, the PSC issued a final order denying the application, concluding that Yellow Cab failed to demonstrate that public convenience and necessity required authorization of the proposed service. The district court affirmed. The Supreme Court affirmed, holding that the district court did not err by (1) concluding that Yellow Cab’s claims that the PSC’s denial of a PCN certificate constituted an unconstitutional taking and violated equal protection were procedurally barred; (2) affirming the PSC’s denial of Yellow Cab’s application for a certificate of public convenience and necessity; and (3) affirming the PSC’s exclusion of Yellow Cab’s Exhibit 2.