[DOWNLOAD] "Hilton v. Dept of Natural Resources" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: Hilton v. Dept of Natural Resources
- Author : Supreme Court of Wyoming
- Release Date : January 06, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
1 Jim Hilton, acting on behalf of the Pages Homeowners Association (Association) appeals an unpublished decision of the court of appeals, reversing the decision of the circuit court which had modified the order of the Administrative Law Judge (ALJ) requiring that the Association reduce the number of boat slips on its pier. There are three principal issues on appeal: What standard of review must a court apply to an ALJ decision that has been expressly adopted by the Department of Natural Resources (DNR) on a matter in that agencys particular area of expertise? Whether the decision of the DNR, adopting that of the ALJ, that a 226-foot, 11-slip pier is the most that "reasonable use" allows, is reasonable, consistent with applicable law, and supported by substantial evidence in the record? Finally, if the DNR decision that the Association must reduce the number of slips from its current 22 to 11 is valid, whether the enforcement of that determination would constitute a taking of private property for public use under the state and federal constitutions, and therefore require the state to pay just compensation?