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Articles

An Unconstitutional Delegation of Governmental Authority

May 1, 2015
Sarah Villanueva discussed City of Damascus v. Brown in a "Recent Case Notes" article published in The Verdict, a quarterly publication of the Oregon Association of Defense Counsel. Sarah analyzed the Court of Appeals' declaration of House Bill 4029 (2014) ("HB 4029") as an unconstitutional delegation of governmental authority. The bill permitted landowners with property located on the boundary of the City of Damascus to withdraw that property from the jurisdiction of the City,

The court concluded that HB 4029 was an unconstitutional delegation of authority because (1) the statute granted the initial decision of whether property would be withdrawn from the city solely in the province of an interested, private landowner; and (2) only private individuals who appeared and testified at the public hearing could obtain both judicial review of the withdrawal; Sarah explains that the court concluded that such a delegation with no real oversight or judicial review was an unconstitutional delegation of governmental authority.