Summary
The Mississippi Supreme Court reviewed the denial of a wetlands permit by the Mississippi Commission on Marine Resources. The court held that the chancery court improperly reweighed the evidence and substituted its judgment for that of the administrative agency. It reversed the Court of Appeals and chancery court and reinstated the Commission's order denying the permit.
Holdings
- A court reviewing an administrative agency decision may not retry the matter de novo, reweigh the facts, or substitute its judgment for the agency's judgment.
- Because substantial evidence supported the Commission's denial, the appellate courts were required to defer to the agency's decision and reinstate its order.
Questions Presented
- Whether the chancery court and Court of Appeals applied the proper limited standard of review to the Commission on Marine Resources' denial of the wetlands permit.
- Whether the Commission's denial was supported by substantial evidence such that the lower courts were required to defer to and reinstate the agency's decision rather than reweigh the evidence or remand for additional findings.
Disposition
reversed_and_remanded
Cases Cited (4)
- Miss. State Bd. of Nursing v. Wilson, 624 So. 2d 485, 489 (Miss. 1993)(followed)
- State Farm Ins. Co. v. Gay, 526 So. 2d 534, 535 (Miss. 1988)(followed)
- Miss. Comm'n on Envtl. Quality v. Chickasaw County Bd. of Sup'rs, 621 So. 2d 1211, 1215-16 (Miss. 1993)(followed)
- Miss. Dep't of Marine Resources v. Brown, 2004 WL 1157559 (Miss. Ct. App. 2004)(reversed)
Cited In (0)
No citing cases on record yet.
Court Document
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