Blackwelder v. State Department of Human Resources

JOHNSON, Judge.

This is an appeal from a Superior Court order determining the scope of review for an administrative hearing involving a contested hazardous waste treatment facility. Appellant SCA argues that the court erred by determining that the fitness of the applicant to operate the facility could be considered in the permitting process when there is no requirement of “fitness” set out in the applicable rules and regulations. The petitioners correctly contend that the threshold question presented by this appeal is whether the appellant’s appeal from an interlocutory order is allowable. For…