Pire v. State Aeronautics Commission

The appellants are individual aviators, and they contend that:

1. The commission exceeded its delegated authority granted it by the legislature when it allowed consideration other than aeronautical safety to control the granting of a construction permit.

2. The action of the commission in rejecting the report of the hearing officer and the recommendations of its own staff violated the spirit of the Administrative Procedure Act.

3. Evidence was improperly excluded by the hearing officer to the prejudice of the appellants.

The essence of the appellants’ first contention is that the decision of the…