· 5/18/1995
Frymier-Halloran v. Paige
Citations
- 458 S.E.2d 780
- 193 W. Va. 687
- 1995 W. Va. LEXIS 90
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that circuit courts may not conduct de novo review of an appeal from a decision by the Tax Commissioner
- holding that circuit courts may not conduct de novo review of an appeal from a decision by the Tax Commissioner
- recognizing that administrative agencies are “always subject to properly enacted and valid laws”
- recognizing that “[t]he ‘clearly wrong’ and the ‘arbitrary and capricious’ standards of review are deferential ones which presume an agency’s actions are valid as long as the decision is supported by substantial evidence or by a rational basis”
- stating that “courts will not override administrative agency decisions, of whatever kind, unless the decisions contradict some explicit constitutional provision or right, are the results of a flawed process, or are either fundamentally unfair or arbitrary”
- “Respite the absence of specific [constitutional] treatment, we have developed doctrines that attempt to define the constitutional role for administrative agencies and to protect them from legislative and judicial overreaching”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cleckley, Brotherton, Miller, Fox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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