Opinion
No. 421-537, CA 8495
Argued August 23, affirmed October 4, 1977
Appeal from Circuit Court, Multnomah County.
Charles S. Crookham, Judge.
J. Terrence Bittner, Portland, argued the cause for appellant. With him on the brief were Stan N. Rotenberg and Jones, Lang, Klein, Wolf Smith, Portland.
Bruce R. DeBolt, Assistant Attorney General, Salem, argued the cause for respondent. With him on the briefs were James A. Redden, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before Schwab, Chief Judge, and Richardson and Johnson, Judges.
PER CURIAM.
Affirmed.
Petitioner appeals from a circuit court decree affirming an order of the Public Utility Commissioner cancelling his motor carrier certificate. The circuit court concluded:
"(1) The Commissioner's finding of fact that there had been an unauthorized transfer of plaintiff's motor carrier certificate, in violation of ORS 767.186, is supported by substantial evidence;
"(2) The Commissioner's conclusion that 'neither Belmore nor others have lawfully transported property authorized by the certificate for a substantial period of time,' and his conclusion that 'the present owners of the motor carrier are operating without a proper certificate of authority,' are reasonable and lawful;
"(3) The Commissioner's conclusion that continued operation was against the public interest, such that plaintiff's certificate should be cancelled under ORS 767.190, was reasonable and lawful;
"* * * * *"
We concur.
Affirmed.