ELR Citation: ELR 20411
No(s). Civ. 346 (Del. Super. Ct. Jun 23, 1971)

Delaware law provides that appeals to the Superior Court from decisions of the Water and Air Resources Commission are to be based on the records compiled at the administrative level and are not to be treated as trials de novo. The record in this case lacks sworn testimony to support the apparent decision, the findings of fact and conclusions of law required by statute, and the official decision itself. It is an inadequate basis for judicial review, and accordingly the case must be returned to the Commission for the further hearing needed to amend these deficiencies.

Counsel for Appellant:
John J. Schmittinger
Schmittinger & Rodriguez
414 South State Street
Dover, DE 19901
(302) 674-0140

Counsel for Appellee:
Roy S. Shiels
Brown, Shiels & Barros
43 The Green
Dover, DE 19901
(302) 734-4766