Q: What are the facts in the case Sun Ray Drive-In v. Oregon Liquor Control Comm’n ?
Sun Ray Drive-In v. Oregon Liquor Control Comm’n (Or. Ct. App. 1973): Court cannot review facts (of denial of liquor license) because no standard for granting license – if legislature doesn’t make standards, agency must
-order vacated with instructions on commission to develop standards
-cites “common law” of agency accountability which SC in Whitman tells us doesn’t exist in federal law (but APA has common law basis)
-essentially agency makes authority legitimate – focuses on procedural due process via rule of law rather than traditional non-delegation doctrine
-Court has begged question of whether admin action is reviewable
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