Legal Opinion · Concurrence

Olson v. City of Deadwood

South Dakota Supreme Court

Decided February 5, 1992No. 17602Published

1ConcurrenceHenderson, Justice

(specially concurring).

Although I agree that it appears there was “substantial evidence” to sustain the Board’s decision, it would be better procedure to enter findings which would permit this Court to more adequately review a decision based upon the facts (as found) and the basic legal tenet(s) under which the Board took action. Re: Appeal of David Fiori Realtor, Inc., 55 Pa.Commw. 59, 422 A.2d 1207 (Pa.Commw.1980). Nor should the language of a statute be parroted. Findings should be more explicit. 4 Anderson Law of Zoning, 822.44, p. 124-125 (3d Ed.1986). Indeed, the Board so theorized,…

2Cases cited2 opinions

  1. Baker v. JacksonSouth Dakota Supreme Court · 1985
  2. In re Appeal of FioriCommonwealth Court of Pennsylvania · 1980

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API