Justia Transportation Law Opinion Summaries

The Commission of Transportation requested a condemnation order for a portion of appellant Richard Lepak's land for the improvement and widening of a highway. After a condemnation hearing, the district court concluded that improving and widening the highway was a legitimate public purpose and that the state Department of Transportation had established a reasonable necessity. Therefore, the district court rejected the challenged to the proposed taking, and the court of appeals affirmed. At issue on review was whether the State had a valid public purpose for the taking because part of Lepak's land would be used to build a private road to mitigate damages to a neighboring parcel. The Supreme Court affirmed, holding that the purpose of the taking in this case met the definition of "public use" or "public purpose" as set forth in Minn. Stat. 117.025. View "State Comm'r of Transp. v. Kettleson" on Justia Law

The Kansas Corporation Commission (KCC) issued a show cause order alleging that Bartlett Grain Company solicited for-hire motor carriers who violated several motor carrier safety laws. Bartlett answered the show cause order, contesting the KCC's jurisdiction over it with respect to its hiring of third-party motor carriers. Upon reconsideration, the KCC found it had jurisdiction over Bartlett to proceed. On review, the district court affirmed. Bartlett appealed, and the KCC stayed the ongoing agency proceedings pending judicial review. The Supreme Court transferred the case to its court on its own motion. Before considering the merits of the jurisdictional issue, the Court first addressed the issue raised sua sponte by the Court, i.e., whether the agency's order finding it had jurisdiction over the substantive violations alleged in the show cause order was a final agency action subject to judicial review. The Court held that the action from which Bartlett appealed was a nonfinal agency action and, therefore, dismissed the appeal for lack of jurisdiction.View "Bartlett Grain Co. v. Kansas Corp. Comm'n" on Justia Law

Petitioners, 23 transportation vendors, commenced a CPLR article 78 proceeding to prevent the Department of Education ("DOE") from implementing allegedly illegal bid solicitations related to a school transportation contract. At issue was whether certain specifications in the bid solicitations of the DOE comported with the public bidding laws. The court held that the "Employee Protection Provisions" ("EPPs") contained in the solicitation were subject to heightened scrutiny and held that the DOE had not proven that the EPPs were designed to save the public money, encourage robust competition, or prevent favoritism. The court, however, applied the rational basis review to the remaining disputed bid specifications and held that the DOE's actions regarding pricing of school transportation and discounted payment arrangements were rational business judgments that lie within the DOE's discretion.View "In the Matter of L&M Bus Corp. " on Justia Law