Boss v. Rockland Electric Co.

The opinion of the Court was delivered by

O’HERN, J.

This appeal concerns the relationship between a court and an administrative agency in determining the legal rights of parties when resolution of a dispute depends in part upon determination of factual issues that have been placed within the special competence of the administrative body. We hold that the proper procedure in this case is for the court to refer the factual issues to the agency for its findings. We reverse the judgment below that determined the parties’ rights under an electric utility easement without reference to the Board of…