Washington Law Review


In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review was proper gave no consideration to whether the challenged administrative action was judicial or non-judicial in nature. Secondly, reviewability was said to extend to allegedly arbitrary and capricious conduct by the officials, as well as to the legality of the procedure under the controlling statute.

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