Application of Dakota Transportation, Inc., of Sioux Falls

Summary

The South Dakota Supreme Court reversed the Lyman County Circuit Court’s judgment and remanded the case with instructions to affirm the Public Utilities Commission’s denial of a class A certificate to Dakota Transportation, Inc. The Court held that the Commission’s decision was supported by substantial evidence and was not unreasonable or arbitrary, and that appellate review is limited to that standard. It also reiterated that the Commission’s determinations are legislative in nature and not subject to de novo factual review.