State v. Ozga Enterprises, Inc.

In these actions for injunctive relief, the Department of Natural Resources claims the right to deferential review of its determination of flood elevations developed solely for the purposes of trial and without following prescribed administrative procedures.1 We conclude that the department, having chosen to litigate in the judicial arena, is bound by the rules which apply to judicial proceedings. We therefore reverse the judgment in case No. 88-CV-40 [appeal No. 89-2366] and remand the cause to the trial court to enter judgment implementing the parties' stipulation according to the flood…