Dattco, Inc. v. Commissioner of Transportation

Summary

This dissent would hold that the commissioner’s eminent-domain authority to take “facilities” includes certificates of public convenience and necessity granting bus companies rights to operate specified routes. It reasons that the ordinary meaning of “facilities” is broad, that the statutory scheme gives the commissioner expansive transportation responsibilities, and that excluding operating rights would produce an incoherent result. The dissent would affirm the trial court’s summary judgments for the commissioner.