“... this court has recognized that de novo review serves an ameliorative function where the initial decision maker is not an independent body.”
How later courts described this case
- “... this court has recognized that de novo review serves an ameliorative function where the initial decision maker is not an independent body.”
- "By requiring that an issue be considered waived if raised for the first time on appeal, we ensure that the trial court or agency that initially rules on such matters has had an opportunity to consider the issue."
Written by the judges who cited it.
The opinion
FLAHERTY, Chief Justice,
dissenting.
Inasmuch as appellant failed to exhaust, even pursue, administrative procedures, I would dismiss the appeal as improvidently granted.