California, United States of America
The following excerpt is from Housing Development Co. v. Hoschler, 149 Cal.Rptr. 400, 85 Cal.App.3d 379 (Cal. App. 1978):
At the outset we hold that the trial court's invocation of the independent judgment rule of review of the evidence in the administrative record instead of the substantial evidence rule was erroneous. 8 The independent judgment test is used when a trial court reviews an administrative decision that substantially affects a fundamental vested right. (Anton v. San Antonio Community Hosp. (1977) 19 Cal.3d 802, 822-823, 140 Cal.Rptr. 442, 567 P.2d 1162.) In the case at bench the trial court stated two reasons for its holding that the administrative decision before it had a substantial effect on a right that was both vested and fundamental.
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