Sexton v. Board of Trustees

MAKAR, J.,

specially concurring.

In this administrative appeal, John Sexton, the owner of property abutting a proposed public easement over sovereignty submerged lands, challenges the dismissal with prejudice of his petition for an administrative hearing by the Board of Trustees of the Internal Improvement Trust Fund (the Board). Sexton argues that his petition was not untimely because the notice regarding the proposed easement was defective and failed to provide a clear point of entry into administrative proceedings. Because the Administrative Procedure Act (APA) does not apply to this type of…