[Download] "State V. Birmingham" by Arizona Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: State V. Birmingham
• Author : Arizona Supreme Court
• Release Date : January 05, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Actions were commenced by the appellees 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. § 28-446, subs. A, par. 3 (as amended)*fn1 was an unconstitutional delegation of power in that it did not provide an adequate guide, criterion or standard for the department to act upon, thereby leaving the enforcement of the statute to the whim and uncontrolled discretion of those public officers administering the act. From that order, the state has perfected this appeal.

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