Bixby v. Pierno

I concur in the majority opinion to the extent it would uphold the trial court’s refusal to exercise its independent judgment in reviewing the commissioner’s decision approving the recapitalization plan. However, rather than perpetuate the discredited1 line of cases which have *152heretofore precluded our trial courts from employing a uniform substantial evidence review of all administrative decisions, I submit that we should overrule those cases upon reexamining the constitutional and practical considerations which underlie them.

Briefly, the cases have developed the following rules applicable to…