Instead, it should allow the claims to be heard in the federal district court. Triax next argues that the record does not support the city's findings of non-compliance. Alternatively, Triax argues that its alleged non-compliance is excused by Bonine's negligence. We opt to exercise jurisdiction, affirm non-compliance orders Nos. 5 and 6.
Certiorari review is deferential and limited in scope.
On certiorari, the court must examine the evidence to ascertain whether it furnished any legal and substantial basis for the action taken. The court will reverse when the evidence does not provide a substantial basis for the agency's decision as a matter of law. The burden of making a record, like the burden of proof, falls on the agency. See Dokmo v. Independent Sch. I. Triax concedes that this court has certiorari jurisdiction over this appeal concurrently with the federal district court.