An appeal to the Circuit Court of Montgomery County shall not stay or supersede the order or action of the commission appealed from. Subject to the provisions of this subdivision, the circuit court may, upon hearing and notice, and after consideration of the testimony taken before the commission, stay or supersede the order or action of the commission.
(1) If the appeal to the circuit court is from an order of the commission reducing or refusing to increase rates, fares or charges, or any of them, or any schedule or part or parts of any schedule, of such rates, fares or charges, the circuit court shall not direct or order a supersedeas or stay of the action or order appealed from without requiring, as a condition precedent to the granting of such supersedeas, that the utility applying for the same shall execute and file with the clerk of said court a bond which shall be as provided in this subdivision.
(2) If the circuit court shall fail or refuse to grant such supersedeas, a utility may petition the supreme court to order a supersedeas and stay of the action or order of the commission appealed from, and any such order, if entered by the supreme court, shall likewise only be entered conditioned upon the execution and filing of the supersedeas bond as provided in this subdivision.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 1 - Public Service Commission.
Article 2 - Powers and Duties Generally.
Division 1 - General Provisions.
Section 37-1-120 - Right of Appeal to Circuit Court of Montgomery County - Generally.
Section 37-1-122 - Time for Appeal; How Appeal Perfected.
Section 37-1-123 - Record or Transcript of Proceedings Before Commission.
Section 37-1-124 - Proceedings on Appeal.
Section 37-1-125 - Right to Supersede Order by Giving Bond.
Section 37-1-126 - Superseding Order - Order of Stay or Supersedeas.
Section 37-1-127 - Superseding Order - Statement of Approximate Effect on Revenues.
Section 37-1-128 - Superseding Order - Amount of Bond.
Section 37-1-129 - Superseding Order - Additional Bond.
Section 37-1-131 - Rate Suspension to Affect Only Utilities Giving Bond.
Section 37-1-132 - Right of Appeal to Supreme Court.
Section 37-1-133 - Appeal by Commission or State.
Section 37-1-134 - Appeal by Utility.
Section 37-1-135 - Action on Bond for Damages Resulting From Suspension of Rates or Orders.