Sometimes it's the simple things that confuse

In administrative law, sometimes it's the simple things that confuse us.  Patty Salkin (Albany) describes a recent decision by the Delaware Supreme Court explaining that when acting in a decision-making capacity an agency

does not act in a legislative capacity, but rather "partly in a ministerial and partly in a judicial capacity." In reviewing the applicable enabling statutes, the Court said that the "The statutes do not, either expressly or by implication, give the Commission unfettered discretion to deny an otherwise legally conforming subdivision application based on impact-related concerns expressed by commenting state agencies."

Or whining by neighbors who don't like it.  The time for legislation has passed.  Unless we are dealing with a function involving allocation of limited resources, where there is not enough pie for everyone to have a piece (e.g., grants or electromagnetic spectrum), if an applicant or respondent conforms then the decision is made.  "Commission Exceeded its Authority in Denying Subdivision Application".  EMM