“While the caselaw holds that the APA applies when the Board is acting in its regulatory capacity, . . . it is less than clear in defining the circumstances when the exercise of proprietary powers subjects the Board to the APA procedures.”
How later courts described this case
- “While the caselaw holds that the APA applies when the Board is acting in its regulatory capacity, . . . it is less than clear in defining the circumstances when the exercise of proprietary powers subjects the Board to the APA procedures.”
Written by the judges who cited it.
The opinion
PER CURIAM.
AFFIRMED.
DAVIS and LEWIS, JJ„ concur; MAKAR, J., specially concurring.