Unconstitutional Delegation of Legislative Power Cases
In Bayside Timber Co. v. Board of Supervisors, 20 Cal. App. 3d 1, 97 Cal. Rptr. 431, 436-38 (Cal. Ct. App. 1971), the court held that a state law allowing timber owners and operators to promulgate industry rules was an unconstitutional delegation. See Bayside Timber, 97 Cal. Rptr. at 436-37. the court noted the industry's detrimental effects on the environment, the public interest in the environment, and the lack of standards or safeguards in the statute to protect the public interest. See Bayside Timber, 97 Cal. Rptr. at 434-37.
In County of Fairfax v. Fleet Indus. Park L.P., 242 Va. 426, 410 S.E.2d 669, 673 (Va. 1991), the Virginia Supreme Court held that a state law that required county supervisors to get unanimous consent from all affected landowners before enacting certain zoning regulations was an unconstitutional delegation of legislative power. See County of Fairfax, 242 Va. at 428. the court noted that the county was powerless to enact zoning regulations even if it reasonably determined that the regulations were necessary for the public welfare. See County of Fairfax, 242 Va. at 433.
In Brodner v. City of Elgin, 96 Ill. App. 3d 224, 420 N.E.2d 1176, 1178, 51 Ill. Dec. 618 (Ill. App. Ct. 1981), the court held that a city ordinance that required an owner's consent before a city could rezone his property was an unconstitutional delegation of legislative power. See Brodner, 96 Ill. App. 3d at 227. the court noted that, although the city may be effecting a comprehensive zoning plan in pursuit of the common good, the owner had the absolute discretion to decide that no rezoning shall ever occur and could selfishly and arbitrarily frustrate the City's plan. See Brodner, 96 Ill. App. 3d at 227. And,