Citizens Action Coalition of Indiana, Inc. v. Public Service Co. of Indiana ( 1991 )

GIVAN, Justice,

dissenting.

I dissent from the majority opinion in this case in their basic holding that the appellants may assert grounds on appeal which were not raised before the Public Service Commission.

The Court of Appeals decision in this case, reported at 556 N.E.2d 328 in a well-written opinion authored by Judge Garrard, has pointed out why the availability of appeal under Ind.Code § 8-1-3-1 does not give the appellant carte blanche to present questions to the Court of Appeals which were not presented to the Commission.

Judge Garrard correctly points out that to do so would require the Court of Appeals to hold a de novo hearing concerning matters which had never been presented for the Commission’s consideration. Any appeal, whether it be from a trial court or an administrative board, should be concerned only with what was presented to the finder of fact and its decision thereon. To hold otherwise creates a nearly impossible situation for orderly appellate adjudication.

The excellent opinion by Judge Garrard needs no further comment or explanation. I would deny transfer in this case.