Schroeder v. Department of Social Services

I dissent.

Contrary to the majority’s contention, the . absence of findings of fact and conclusions of law from the trial court does not prevent meaningful review of this case. State, Div. of Human Rights v. Miller, 349 N.W.2d 42 (S.D.1984), cited with approval by the majority, indicates that our review should focus on the agency’s record rather than the findings and conclusions of the trial court. If the circuit court has reversed the agency’s decision, and “[i]f after review of the evidence we deem the agency findings clearly erroneous, we affirm the circuit court. If the agency findings are…