County of Northampton v. Department of Community and Economic Development

Order disapproving application for issuance of debt by plaintiff county reversed; where no fraud was alleged, defendant erred in going beyond an examination of documents evidencing bond proceedings filed with it by conducting a hearing to determine whether plaintiff had obtained realistic cost estimates.

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Submitted: September 12, 2001

OPINION

The County of Northampton (County) appeals from an order of the Department of Community and Economic Development (DCED or Department) which disapproved the application for the issuance of debt by the County. The issue raised is whether DCED has authority to go beyond an examination of the documents evidencing the bond proceedings filed with it by a local unit of government seeking approval of a bond issue by conducting a hearing to determine whether the local unit obtained realistic cost estimates even though no question of fraud is raised. We reverse.

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County of Northampton v. Department of Community and Economic Development

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