Legal Opinion · Dissent

Rita Breece McIntosh v. Mississippi Real Estate Commission

Mississippi Supreme Court

Decided May 25, 2017No. 2015-SA-01086-SCTPublished

1Dissent

KING, JUSTICE,

DISSENTING:

¶ 45. Because this is a close case, as the majority admits, and because of the deferential standard of review we must afford the agency’s decision, I respectfully dissent.

¶ 46. As the majority notes,- “courts cannot enter the field of the administrative agency.” Harris v. Miss. Real Estate Comm’n, 500 So.2d 958, 962 (Miss. 1986); Maj. Op. ¶ 31, This Court will reverse an administrative agency decision only when 1) the decision is not supported by substantial evidence, 2) the decision is arbitrary and capricious, 3) the decision was beyond thé power of the agency, or…

2Cases cited9 opinions

  1. Eidt v. City of NatchezMississippi Supreme Court · 1982
  2. Queen City Nursing Center, Inc. v. Mississippi State Department of HealthMississippi Supreme Court · 2011
  3. Harris v. MISSISSIPPI REAL ESTATE COM'NMississippi Supreme Court · 1986
  4. Nelson v. MISS. BD. OF VETERINARY MED.Mississippi Supreme Court · 1995
  5. Mississippi State Department of Health v. Baptist Memorial Hospital-DeSoto, Inc.Mississippi Supreme Court · 2008

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API