Tuesday, March 15, 2005

Deference stops at the silly

Agencies - local government or state - just can't seem to stop themselves from reading statutes, ordinances and rules the way they wish they were written, as opposed to how they are in fact written. In this opinion, the 5th DCA reminds us (once again, into the breach, dear friends) that
a court is not required to defer to a construction that is unreasonable or is clearly erroneous - and provides some good cites on agency intepretations that fly in the face of the plain meaning of the statute and statutes that are written with unambigous text. A good one to keep in your arsenal.


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