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9 Montana opinions name it 1 courts 1960–2000 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bacus v. Lake Countygreen2 sentences2000We also pointed out that “the validity of a statute is determined by what may be done under it not what has been done under it.” Bacus, 138 Mont. at 79 , 354 P.2d at 1061 (citation omitted). ¶43 Finally, citing State v. Stark (1935), 100 Mont. 365, 371 , 52 P.2d 890, 892 , we stated: “Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. * * * But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.” We agre 2000We also pointed out that “the validity of a statute is determined by what may be done under it not what has been done under it.” Bacus, 138 Mont. at 79 , 354 P.2d at 1061 (citation omitted). ¶43 Finally, citing State v. Stark (1935), 100 Mont. 365, 371 , 52 P.2d 890, 892 , we stated: “Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. * * * But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.” We agre | 3 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Stark
green
2 sentences2000We also pointed out that “the validity of a statute is determined by what may be done under it not what has been done under it.” Bacus, 138 Mont. at 79 , 354 P.2d at 1061 (citation omitted). ¶43 Finally, citing State v. Stark (1935), 100 Mont. 365, 371 , 52 P.2d 890, 892 , we stated: “Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. * * * But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.” We agre 2000We also pointed out that “the validity of a statute is determined by what may be done under it not what has been done under it.” Bacus, 138 Mont. at 79 , 354 P.2d at 1061 (citation omitted). ¶43 Finally, citing State v. Stark (1935), 100 Mont. 365, 371 , 52 P.2d 890, 892 , we stated: “Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. * * * But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.” We agre | 6 | 1960–2000 |
State Ex Rel. Department of Health & Environmental Sciences v. Lincoln County
green
2 sentences1979Department of Health and Environmental Sciences v. Lincoln County (1978), Mont., 584 P.2d 1293 , 35 St.Rep. 1402 , the Clean Air Act, which authorized the Department of Health and Environmental Sciences to establish limits on pollutant emissions and to prohibit facilities causing or contributing to air pollution, was held not to be an unconstitutional delegation of legislative power. 1979Department of Health and Environmental Sciences v. Lincoln County (1978), 178 Mont. 410, 584 , P.2d 1293, the Clean Air Act, which authorized the Department of Health and Environmental Sciences to establish limits on pollutant emissions and to prohibit facilities causing or contributing to air pollution, was held not to be an unconstitutional delegation of legislative power. | 2 | 1979–1979 |
Douglas v. Judge
green
2 sentences1979But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.' "We agree with this statement of the law and go further by saying that the standard must not be so broad that the officer or board will have unascertainable limits within which to act." Douglas v. Judge, 568 P.2d at 534 (quoting Bacus v. Lake County, 354 P.2d at 1062 .) In State ex rel. 1979But it is essential that the Legislature shall fix some standard by which the officer or board to whom the power is delegated may be governed, and not left to be controlled by caprice.’ “We agree with this statement of the law and go further by saying that the standard must not be so broad that the officer or board will have unascertainable limits within which to act.” Douglas v. Judge, 568 P.2d at 534 (quoting Bacus v. Lake County, 354 P.2d at 1062 .) In State ex rel. | 2 | 1979–1979 |
Sigety v. State Board of Health
neutral
2 sentences1971In Bacus v. Lake County, 138 Mont. 69, 81 , 354 P.2d 1056, 1062 , this Court said: “ ‘Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. # * * But jj- js essential that the Legislature shall fix some standard by which the officer may be governed, and not left to be controlled by caprice.’ “We agree with this statement of the law and go further by saying that the standard must not be so broad that the officer or board will have unascertainable limits within which to act.” In Sigety v. State Board of Health, 157 Mont. 48 , 482 P.2d 1971In Bacus v. Lake County, 138 Mont. 69, 81 , 354 P.2d 1056, 1062 , this Court said: “ ‘Delegation of power to determine who are within the operation of the law is not a delegation of legislative power. # * * But jj- js essential that the Legislature shall fix some standard by which the officer may be governed, and not left to be controlled by caprice.’ “We agree with this statement of the law and go further by saying that the standard must not be so broad that the officer or board will have unascertainable limits within which to act.” In Sigety v. State Board of Health, 157 Mont. 48 , 482 P.2d | 1 | 1971–1971 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.