02-2409 Tomaszewski v. Giera

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“Although these two procedures are similar, they are not identical. A trial court’s review by common law certiorari is limited to: (1) whether the board kept within its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive or unreasonable and represented its will and not its judgment; and (4) whether the evidence was such that it might reasonably make the order or determination in question. [Citation]. The general rule in common law certiorari is that the circuit court does not take evidence on the merits of the case, and the scope of review is limited to the record presented to the tribunal whose decision is under review.”

Accordingly, we remand the matter to the trial court to construe the plaintiff’s complaint as a common law writ of certiorari.

Reversed and remanded.

Recommended for publication in the official reports.

Dist III, Taylor County, Carlson, J., Cane, C.J.

Attorneys:

For Appellant: William A. Grunewald, Medford; Michael D. Shiffler, Medford

For Respondent: Charles S. Senn, Thorp