Litchfield Elementary School District No. 79 v. Babbitt

OPINION

OGG, Chief Judge, Division 1.

This litigation concerns the validity of the selection of the Waddell Ranch property near the Town of Litchfield Park as the site of a new 1,000 bed medium security prison for males and a smaller facility for female prisoners. The critical issue presented is whether the legislature validly delegated to the governor the authority to determine the location of the new prison facilities.

For some time prior to the convening of the Second Regular Session of the Thirty-Third Legislature in 1978, the location of a new medium security prison was the subject of…