Posted by: Patricia Salkin | April 7, 2009

Special State Commission May Constitutionally Develop Comprehensive Plan and Zoning Regulations for Area Under its Jurisdiction

The Oklahoma Supreme Court found that it was not an unconstitutional delegation of legislative power where appointive members of a Commission created to establish land use plan for the state capitol and hospital complex adopted a comprehensive plan and zoning regulations. In examining the statutes that created and govern the Commission, as well as the requirements of the Oklahoma State Administrative Procedures Act (since the Oklahoma Capitol-Medical Center Improvement Commission is a state agency), the Court found that while the Commission is not specifically exempted from the APA, it is also not a “specialized agency created by the Legislature to perform essentially local functions.” The Court concluded that the Commission’s zoning policies represent the will of the state’s people “and not merely local policy.”  While finding that the delegation of authority was permissible, the Court remanded the matter for a determination as to whether the comprehensive plan and zoning regulations were submitted for Legislative review and approval pursuant to the Administrative Procedures Act.

 

 

 Musgrove Mill, LLC v. Capitol-Medical Center Improvement and Zoning Commission, 2009 WL 638194 (OKla. 3/12/09).

 

The opinion may be accessed at: http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=454364

 


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