that of the Director. His statement is conclusory and uncorroborated by any testimony in the administrative record. Moreover, his evaluation of the future uses of the land seems to be based solely on the types of soils which comprise the land, rather than an assessment of the capability of the specific land in question. In addition to being unsupported by authority, the Director's conclusions are far outweighed by those of experts who reach the opposite results, as the latter experts have considered such factors as the land's drainage, slope, past use, subsoil structure, erosion and topsoil depth, which were not weighed by the Director. The Department's application of Rule 1104 to this land was contrary to the evidence in the administrative record, as the circuit court held.
Finally, thefrom the date of expiration until 120 days after the issuance of the appellate court's mandate, so that the owner could refile an application for renewal. The court noted that its order was a "minimal invasion" of agency discretion and duties.
The Celotex case is distinguishable from the facts presented here. The permit issued in this case was not an extension of an existing permit, it was not intended to be temporary, and it was not based on stipulated error. It was thus more than a "minimal invasion" of the duties and discretion of the Department of Mines and Minerals and may not be upheld under the principles of Celotex.
In conclusion, the circuit court had the authority to review the denial of the application, and did not abuse its