Legal Opinion
Corvallis Lodge No. 1411 Loyal Order of Moose v. Oregon Liquor Control Commission
Court of Appeals of Oregon
Decided February 22, 1984No. CA A26189, CA A26842PublishedCited by 5 opinions
1Opinion of the CourtJoseph, C. J.
Petitioners seek judicial determination of the validity of an Oregon Liquor Control Commission rule regulating liquor service to nonmembers by Class B dispenser licensed organizations. ORS 183.400. They assert that OAR 845-08-045 involves an impermissible delegation of legislative authority, violates equal protection provisions in the state constitution and conflicts with state and federal antitrust laws. We agree that the challenged rule is an improper delegation (or subdelegation) of governmental authority and is invalid.
As part of its regulatory scheme, OLCC issues different classes of…
2Cases cited7 opinions
- Warren v. MARION COUNTYOregon Supreme Court · 1960
- Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
- Van Winkle v. Fred Meyer, Inc.Oregon Supreme Court · 1935
- General Electric Co. v. WattleOregon Supreme Court · 1956
- Meyer v. LordCourt of Appeals of Oregon · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. SelfCourt of Appeals of Oregon · 1985
- City of Damascus v. BrownCourt of Appeals of Oregon · 2014
- North American Safety Valve Industries, Inc. v. WolgastDistrict Court, D. Kansas · 1987
- Qwest Corp. v. Public Utility CommissionCourt of Appeals of Oregon · 2006
- Oregon Association of Hospitals and Health Systems v. State of OregonDistrict Court, D. Oregon · 2024