Opinion

Roehl v. Public Utility District No. 1

  • 43 Wash. 2d 214
  • 261 P.2d 92
  • 1953 Wash. LEXIS 306
Court
Washington Supreme Court
Filed
Sep 10, 1953
Status
Published
Author
Weaver
On the bench
Hamley, Hill, Schwellenbach, Weaver
Cited by
46 cases
Authority
More cited than 6.6%

stating that unless the enabling legislation provides otherwise, the performance of purely ministerial or administrative duties may be delegated

How later courts described this case

  • stating that unless the enabling legislation provides otherwise, the performance of purely ministerial or administrative duties may be delegated
  • "Where the enabling legislation under which a municipal or quasi-municipal corporation derives its power confides legislative or discretionary functions in particular officials or boards, such functions may not be delegated to others."
  • political questions lie outside the cognizance of the judiciary

Written by the judges who cited it.

The opinion

Weaver, J.

(concurring in the result) — I expressed my views on the applicability of Art. II, § 38, of the constitution to the “enrolled bill” rule in a concurring opinion in Derby Club v. Becket, 41 Wn. (2d) 869, 252 P. (2d) 259 . However, a majority of the court is not in favor of discarding the rule. Accordingly, I concur in the result reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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