Kent County Aeronautics Board v. Department of State Police

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that certain criteria published by a governmental agency did not create a legal obligation but merely provided advice by way of an explanation and thus did not comprise rules
• noting that this Court’s review is limited to the record developed by the trial court, and that a party is not permitted to enlarge the record on appeal by asserting numerous facts not presented at the trial court
• statute exempts from rulemaking interagency directives that do “not affect the rights of, or procedures and practices available to, the public”
• state police department’s “equivalent site criteria” for construction of communications tower analogous to set of instructions for proposing alternative site and did not alter or affect existing rights
• agency guidelines akin to instructions exempt from rulemaking procedures because they did not create any legal obligation, nor did they “enlarge, abridge, or in any way affect the rights of the public”
• “A party is not permitted to enlarge the record on appeal by asserting numerous facts that were not presented at the trial court.”

Source: CourtListener parenthetical corpus (CC0).