Martorelli v. Dept. of Transportation

Summary

The court held that the Department of Transportation applied an improper standard when it denied the plaintiff's livery permit application for failure to establish improved public convenience and necessity. The phrase requires consideration of benefits to the relevant users and whether the proposed service would improve competition, rates, efficiency, convenience, customer service, equipment, or the existing mode of transportation; evidence of individualized unmet need is not required. The court upheld the statute against equal protection, dormant Commerce Clause, and vagueness challenges, but reversed and remanded for a new administrative hearing.