Oberle v. City of Aberdeen

TERMINATION OF CAPTAINS

Substantively, I agree with the substantive holding because of the reasoning of the majority opinion; however, using the Sharp case as authority for its position on the clearly erroneous rule, is ill-begotten. See, Henderson, J., dissenting opinion in Sharp, not noted in the majority opinion. There are dozens upon dozens of cases, in this Court, citing the scope of review on factual questions before an agency. Examples: Fraser v. Water Rights Comm. of Dept. of Natural Resource Development, 294 N.W.2d 784 (1980); Dakota Harvestore Systems, Inc. v. South Dakota Dept. of…