Mary Licht as Personal Representative of the Estate of Gordon Haber, Friends of Animals, Inc., and Barbara Brease…

Summary

The court held that the proper substitute for a deceased appellant in an administrative review proceeding is a person who would have been entitled to prosecute or defend the review proceeding below. Because the superior court failed to consider the substantive comments submitted by proposed substitute Barbara Brease, the court remanded for reconsideration of whether she was similarly situated and therefore a proper party. The court affirmed that a personal representative may not transfer or assign the right to continue an appeal to otherwise ineligible third parties.