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State ex rel. Utilities Commission v. Maybelle Transport Co.
Citations: 252 N.C. 776; 114 S.E.2d 768; 1960 N.C. LEXIS 432
Court: Supreme Court of North Carolina; June 10, 1960; North Carolina; State Supreme Court
The superior court addressed protestants’ exceptions to the Commission’s findings and order but did not rule on these exceptions. Instead, Judge Crissman remanded the case to the Commission for further proceedings without reversing or modifying the Commission’s order. The arguments presented primarily concerned the protestants' exceptions and did not challenge the remand order itself. According to North Carolina law, only a party aggrieved may appeal to the Supreme Court, and appeals from interlocutory orders are limited to cases where a substantial right may be lost if not reviewed before a final judgment. The court noted that absent conditions warranting remand, the applicant’s only right affected by Judge Crissman’s order was the superior court's obligation to address the protestants' exceptions. The relevant statute (G.S. 62-26.9) allows for remand for newly discovered evidence, but there was no indication such a motion was made or evidence presented. G.S. 62-26.10 outlines grounds for affirming, reversing, or remanding Commission decisions, including violations of constitutional provisions or lack of substantial evidence. However, Judge Crissman’s order did not specify any grounds for remand, nor did it indicate that the Commission's findings were unsupported or arbitrary. As a result, the court deemed it appropriate to vacate Judge Crissman’s order and remand the case back to the superior court for consideration of the protestants' exceptions. The court ordered that further proceedings be conducted in accordance with the established legal framework.