State v. Birmingham

STRUCKMEYER, Justice.

Actions were commenced by the appel-lees David Birmingham and Myron Bradley in the Superior Court of Maricopa County as authorized by A.R.S. § 28-451 to determine whether their automobile drivers’ licenses were subject to suspension. The actions were consolidated in the superior court for decision since they presented the same question. The court entered its order permanently enjoining the suspensions by the Arizona State Highway Department, Motor Vehicle Division, for the reason that A.R.S. § 28^146, subs. A, par. 3 (as amended) 1 was an unconstitutional delegation of…