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Cards In This Set
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*LONDONER v.
CITY & COUNTY OF DENVER........................................... 16
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1908 – City levied tax for the cost of paving the street and reapportioned
cost among landowners. LOs wanted to be
heard; didn’t get to do an oral presentation
A small number of peoples’ property being
affected by the actions of a state gives rise to d/p rights.
“at some stage of the proceedings
before [irrevocable], the taxpayer shall have an opp’y to be heard”
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*BI-METALLIC
INVESTMENT COMPANY v. STATE BOARD OF
EQUALIZATION
OF COLORADO......................................
24
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1915
Also
in Denver, raised taxes on all taxable property by 40%.
Broad-reaching impacts does not
give rise to d/p rights for affected individuals.
Underlying
theory: accountability of government through elections.
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HUMPHREY’S EXECUTOR v. U.S.
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1935 – FDR asked for Humphrey to resign from
his position as FTC comm’ner. He
refused. 10 year term appt. FDR tried to
remove him.
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WIENER v. U.S.
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1957 – War Claims Comm’n determines the
appropriate level of compensation.
Administrative
agencies that perform adjudicatory role need to be “free from the control of
coercive influence, direct or indirect.” (quoting Humphrey’s Executor).
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*Hemp Industries Association v. Drug Enforcement Administration (2004).......................................................................................................... 88
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9th
Cir. 2004 – non-THC hemp.
DEA
did not use proper procedures under statute, which called for formal
rulemaking.
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*UNITED STATES v. FLORIDA EAST COAST RAILWAY CO......................... 77
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1973 – Rental rates on boxcars.
RR wants a hearing.
If formal rulemaking is required, it needs
to be clearly intended by Cong. (“on the record.”)
Default
position is informal rulemaking.
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*CITY OF WEST CHICAGO, ILLINOIS v. UNITED STATES NUCLEAR
REGULATORY COMMISSION................................................................... 81
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7th Cir. 1983 – NRC allowed the co. to
demolish a bldg from a contaminated site and the city was getting a free
landfill at the site.
Agencies
are given deference in determining whether they do rulemaking or adjudication
or how.
In
the absence of the magic words “on the record,” Congress must clearly indicate
intent to trigger formal rulemaking.
Even though it was in some ways
dealing with one landfill, it was an amendment process for how to get onsite
permits, which was what the fight was about.
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