Anderson v. Western Dakota Insurors

(specially concurring).

Not desiring to moor myself to sentence-structure or conceptual misinterpretation in the future; believing, also, that the majority writing might possibly unsettle the settled and muddy our oft-announced administrative scope of review, I respectfully specially concur.

In administrative cases where the circuit court merely reviews the agency record and takes no new evidence, our scope of review is clear.

*92[O]ur review is of the decision of the administrative agency and our standard is the clearly erroneous standard. If the circuit court reversed the agency’s decision, and…