Saturday, May 17, 2014

Sun Ray Drive In Dairy v. Oregon Liquor Control Commission case brief summary

Sun Ray Drive In Dairy v. Oregon Liquor Control Commission, 1973
 
·         Facts: Liquor Control Commission denied liquor license. One guy said because there were too many licensees in that area, and another guy said it didn't matter. That guy then turned it down because he said it was not a grocery store. The commission then used both reasons as grounds for denial.
 
·         Issue: agency did not do its job. No published standards, rules, or policies. 
 
·         Solution: legislature publishes standards. Courts can conduct official review, eliminates arbitrariness.
 
·         Here, court does not want agency creating its own standards. Good because legislature were voted in. Bad because agency should be able to create its own rules, and it can cure overbroad delegation with its own rulemaking.

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