State, Department of Commerce, Real Estate Division v. Hyt

OPINION

On January 16, 1979, respondent filed a notice of appeal from a decision by the Real Estate Advisory Commission suspending respondent’s license. Respondent subsequently moved for “summary judgment” in the district court claiming that the Commission failed to certify a transcript of the proceedings within thirty days of the decision. The motion for summary judgment was granted. We have determined that the entry of summary judgment for respondent was erroneous and reverse.

In September of 1978, the Real Estate Division filed a complaint against respondent based upon his alleged improper…