Greyhound Lines, Inc.

68 Cal. 2d 406 (1968), 438 P.2d 801

The Court affirmed a Commission decision requiring petitioner to extend commuter bus service over routes in the San Francisco Bay Area.44 Petitioner argued that the Commission had exceeded the authority provided to it pursuant to Section 762. The Court, however, agreed with the Commission’s construction of the statute, holding that the Commission’s construction was entitled to a substantial deference. Indeed, the deference announced in Greyhound is quite substantial. The Court held that “there is a strong presumption of validity of the Commission’s decisions and the Commission’s interpretation of the Public Utilities Code should not be disturbed unless it fails to bear a reasonable relation to statutory purposes and language.” That the deference announced in Greyhound finds its genesis in that case alone is revealed by the fact that the court case cited in support of the proposition, Southern Pacific (41 Cal. 2d, 354, 367) simply does not.45 (See Para. 98, supra.) Moreover, one has to question whether the “strong presumption of validity” survived the 1998 legislation. (See, Paras. 3 and 8.) Finally, the order also questioned the vitality of the dedication requirement announced in Richfield (Paras. 83 and 86) but, in a lengthy dissertation on the nature of dedication, found the requirement met.

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