TITLE 61

PUBLIC UTILITY REGULATION

CHAPTER 6

PROCEDURE BEFORE COMMISSION AND IN COURTS

61-633.  Stay of order — Notice. No court of this state shall enjoin or restrain the enforcement of any order of the commission or stay the operation thereof, unless the applicant for such writ shall give three (3) days’ notice of said application to all adverse parties and to the commission. On the hearing of such application, the applicant shall present to the court a transcript of the proceedings had before the commission, including the evidence, and such transcript shall be considered by the court in determining the applicant’s right to an injunction, restraining order or other order suspending or staying the operation of the order or decision of the commission, and if an injunction, restraining order or other order suspends or stays the order of the commission as issued, such order shall contain a specific finding based upon the evidence submitted to the court and identified by reference thereto that great and irreparable damage would result to the petitioner and specifying the nature of the damage.

History:

[(61-633) 1913, ch. 61, sec. 63d, p. 248; reen. C.L. 106:139; C.S., sec. 2507; I.C.A., sec. 59-633.]