Legal Opinion · Concurrence

Cass County Electric Cooperative, Inc. v. Northern States Power Co.

North Dakota Supreme Court

Decided February 1, 1988No. Civ. 870163Published

1Concurrence

VERNON R. PEDERSON, Surrogate Justice,

concurring specially.

I- concur in the result which Chief Justice Erickstad has reached, however, I would have couched the opinion in different terms so as to make certain that it would not be misunderstood with respect to the scope of review in the supreme court of administrative determinations that have already been reviewed by a district court either under the Administrative Agencies Practice Act (Ch. 28-32, NDCC) or otherwise.

Recently this court, in Otto v. Job Service North Dakota, 390 N.W.2d 550, 551 (N.D.1986), said that on appeals from…

2Cases cited7 opinions

  1. Shaw v. Burleigh CountyNorth Dakota Supreme Court · 1979
  2. Geo. E. Haggart, Inc. v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1969
  3. Perske v. Job Service North DakotaNorth Dakota Supreme Court · 1983
  4. Barnes County v. Garrison Diversion Conservancy DistrictNorth Dakota Supreme Court · 1981
  5. In Re the Application of Nebraska Public Power District for a Certificate of Corridor Compatibility for a 500 Kv AC Electric Transmission Facility Extending From the Canadian Border Near Cavalier, North Dakota to the South Dakota Border Near Forman, North DakotaNorth Dakota Supreme Court · 1983

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