City of St. Helena

119 Cal. App. 4th 793 (June 21, 2004), 14 Cal. Rptr. 3d 713, 2004 Cal. App. LEXIS 970

The Court of Appeal (First District, Division 4) reversed the Commission’s holding that The Napa Valley Wine Train was a common carrier (and thus generally exempt from City regulation of its facilities).  The Court concluded that the service was not a common carrier service because it did not provide “transportation” between one point and the other.  The Court finessed the fact that the “one point and another” criteria statutorily only applies to vessels (Section 1007). The Court also concluded that the state of an entity’s formal certification was not dispositive of the entity’s status as a public utility.  (In unpublished portions of the opinion, the Court reached some novel conclusions on procedural issues.)  The word “Greyhound” does not appear in the decision (see Paras. 27 and 71, infra).

Download PDF