Harris v. Civil Service Commission

HAERLE, J., Concurring and Dissenting.

I concur with majority in its holdings regarding counts II and III of appellant’s complaint on the ground it specifies, namely, that appellant sued the wrong party in these counts.

*1373I respectfully dissent, however, from the majority’s disposition of count I, the administrative mandamus count. In the first place, I believe the trial court made a fundamental error of law in the course of adjudicating count I. Second, I disagree with the majority’s dicta implying that administrative mandamus does not lie because the agency was exercising a “quasi-legislative”…