San Diego Law Review


Thomas R. Gill

Library of Congress Authority File


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Judicial Review of agency determinations, an aspect-procedural due process - L'Enfant Plaza North, Inc. v. District of Columbia Redev. Land Agency (D.C. Cir. 1970). It is contended here that in at least one area of judicial review, where an agency's actions are found to have violated procedural due process, the court can establish a basis which eliminates much confusion as to whether the court has exceeded its constitutional authority. Thus, the premise herein is: where a judicial finding is that plaintiff has suffered substantial harm due to defective agency procedure, this defect should be so identified and clearly labeled as a violation of procedural due process. When so categorized, whatever ultimate determination the court may make, its taking jurisdiction of the matter is not subject to attack upon the theory of abuse of the doctrine of separation of powers. The justification of this contention may best be seen by 1) articulation of certain given assumptions and 2) illustration through the recent case L'Enfant Plaza North, Inc. v. District of Columbia Redevelopment Land Agency.

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