· 5/3/1988
Johnston-Willis, Ltd. v. Kenley
Citations
- 369 S.E.2d 1
- 6 Va. App. 231
- 4 Va. Law Rep. 2665
- 1988 Va. App. LEXIS 46
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that many issues concerning the propriety of agency actions and decisions are \more accurately described as mixed questions of law and fact\
- holding decisions by agencies on matters within their specialized competence are entitled to “special weight” in the courts
- finding that data regarding birth and fertility rates received from the Virginia Center for Health Statistics constituted “public statistics” upon which the Commissioner could rely even though the statistics were not part of the record
- noting that, “[i]f the issue [of law] falls outside the area generally entrusted to the agency and is one in which courts have a special competence, i.e. . . constitutional law, there is little reason for the judiciary to defer” to the agency” (internal quotations omitted)
- concluding procedural error was harmless
- “The sole determination as to factual issues is whether substantial evidence exists in the agency record to support the agency’s decision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Koontz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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