Yamada v. Natural Disaster Claims Commission

DISSENTING OPINION OF

RICHARDSON, C.J.

I respectfully dissent.

The majority would reverse the trial court’s de novo computation of appellant’s losses at $5250, and uphold the original valuation of $18,200, as determined by the First Commission. The majority bases its decision on two conclusions of law:(1) In the absence of express statutory authority, the Second Commission was without authority to re-certify losses as determined by the First Commission; and(2) The State is equitably estopped from contesting and overturning the findings of the First Commission. The Circuit Court was without…