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State v. Mid-South Pavers

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eBook details

  • Title: State v. Mid-South Pavers
  • Author : Wisconsin Supreme Court
  • Release Date : January 19, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

This appeal arises from a dispute over a highway construction contract between Appellant/Cross-Appellee the Texas Department of Transportation and Appellee/Cross-Appellant Mid-South Pavers, Inc. See Tex. Transp. Code Ann. § 201.112 (West Supp. 2007). After Mid-South filed an administrative complaint, which TxDOT denied, a hearing was held before an administrative law judge at the State Office of Administrative Hearings. The ALJ submitted a proposal for decision to the executive director of TxDOT for adoption. In the agencys final order, the executive director rejected several of the ALJs findings of fact and conclusions of law and substituted his own findings and conclusions in place thereof. Mid-South sought judicial review of the final order in district court, and the district court reversed, finding that the executive director committed error by declining to adopt the ALJs findings of fact and conclusions of law in the PFD. For the reasons set forth below, we affirm the district courts judgment reversing the final order in part, and we reverse in part and remand this cause to TxDOT for further proceedings consistent with this opinion.


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