The Housing Authority v. Dockweiler

In The Housing Authority v. Dockweiler (1939) 14 Cal.2d 437, the Legislature had enacted a statute authorizing counties and cities to establish independent housing authorities. (Id. at pp. 443-444.) The Supreme Court rejected the argument that the Legislature had improperly delegated county or municipal functions. (Id. at p. 463.) The key to this holding was the fact that the statute left the decision on whether to create a housing authority entirely up to the local governing body. The court therefore concluded "that it is the local governing body, and not the legislature, that confers upon the authority the right to exercise its functions." (Ibid.)