Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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Both parties, sometimes quoting the same language, assert these cases support their respective views that the rent board may, or may not, adjudicate the “excess rent” claims involved here. We find, however, that the cited cases provide no clear guidance on the judicial powers question posed here. (See Fallon, Of Legislative Courts, Administrative Agencies, and Article III (1988) 101 Harv.L.Rev. 915 [criticizing the high court’s analysis in the above cases and proposing that availability of judicial review should be sufficient to protect the values underlying the separation of powers/judicial powers doctrine].) Suffice it to say that the state cases cited below, and our holdings in this case, do not conflict with the holdings of these high court cases construing the federal Constitution.

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