117 N.H. 531 | N.H. | 1977
This is an action challenging the suspension for one year of the plaintiff’s permit to inspect school buses. An unannounced school bus inspection conducted by the department
Where a chapter 541 petition is incorrectly brought, however, our practice permits us to consider it as a petition for a writ of certiorari, entitling the plaintiff to the limited determination of whether the commission in question acted “illegally in respect to jurisdiction, authority or observance of law.” Winn v. Jordan, 101 N.H. at 67, 133 A.2d at 487; Cloutier v. State Milk Control Bd., 92 N.H. 199, 203, 28 A.2d 554, 557 (1942). Certiorari may be invoked to review issues of fact only upon the restricted inquiry whether the finding or verdict could reasonably have been made. Id.; Goldsmith v. Kingsford, 92 N.H. 442, 32 A.2d 810 (1943). In the instant case, there is evidence in the record to support the department’s findings that a kingpin found defective in one of the subject buses in July of 1976 was not corrected in the plaintiff’s October inspection, and that tire defects found by the department in November in two buses inspected by the plaintiff had existed at the time of the plaintiff’s inspection and had not been corrected. In view of these findings, together with the additional consideration that a warning had been issued to the plaintiff in October of 1976 for violations of the inspection regulations
Petition denied.