Deffet Rentals, Inc. v. City of Burlington

MARTIN, Judge.

In their first assignment of error respondents contend the court failed to follow proper procedure for reviewing an administrative decision pursuant to certiorari. The assignment has merit.

It is noted that instead of petitioning the superior court for a writ of certiorari, petitioner instituted an action by filing a complaint and having summons issued. While the procedure appears to be unusual, we do not think it was fatal in this case in view of the stipulation providing that the court might hear the matter and the court’s proceeding to do so. By proceeding to pass upon the…