Scott v. Stewart

The majority opinion has reversed the circuit court’s decision by finding that Mr. Scott could use the writ of certiorari to have the circuit court review an administrative ruling. The majority also reversed by concluding that the administrative hearing in this case was invalid because it was conducted before a panel. For the reasons set forth below, I respectfully dissent.

A. The Statute Authorizing a Writ of Cer-tiorari Expressly Prohibits its Use When Another Method of Appeal is Provided for by Law

Mr. Scott failed to appeal the State Superintendent’s ruling, as permitted under the…