explaining that the procedural framework for review under both the common law and statutory writs appears in Ch. 9 of Title 27
How later courts described this case
- explaining that the procedural framework for review under both the common law and statutory writs appears in Ch. 9 of Title 27
- the procedural framework for review under both the common law and statutory writs appears in ch. 9 of Title 27
- “This time limit applies to common law as well as statutory writs.”
Written by the judges who cited it.
The opinion
TODD, Judge,
dissenting in part.
The conclusions reached in the principal opinion regarding the untimeliness of the petition for statutory review are correct.
However, the petition alleges grounds for common law certiorari in that it is alleged that the Commission acted illegally in procedure which did not conform to due process. In this aspect, it was timely filed and should not be dismissed without inquiry into such grounds.
The provisions of § 53-5415 are not deemed to limit the time for filing certiora-ri in respect to such grounds.
The denial of statutory relief should be affirmed, but the cause should be remanded for further proceedings limited to relief available under the common law writ of certiorari.