New Search
. • ` „ CITY OF EUGENE <br /> INTER-DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY — CIVIL DEPARTMENT <br /> To: Planning Commission Members Date: February 6, 1985 <br /> Subject: Legislative Versus Quasi - Judicial Decisionmaking - <br /> �: �. <br /> Classification and Consequences <br /> A. Introduction. <br /> We have discussed with you the two broad models of land. <br /> use decisions - "quasi - judicial" and legislative decisionmaking. <br /> Recently, issues have arisen regarding whether particular decisions <br /> are quasi - judicial or legislative in character, or a mixture <br /> of both. Before advising you on those specific questions, a <br /> review of the differences between the two types of processes <br /> is in order. <br /> B. Legislative vs. Quasi - Judicial Decisionmaking. <br /> Unlike federal and state governments, local governments <br /> do not have a strict separation of powers between legislative <br /> and judicial_ functions. Local governing bodies, such as city <br /> councils and planning commissions, do both types of functions. <br /> It is important, then, to distinguish between both types of <br /> decisionmaking because the law requires different procedures <br /> for quasi - judicial as opposed to legislative decisionmaking. <br /> Broadly speaking, the law has derived the following distinctions <br /> between the two processes: _ <br /> Quasi - Judicial Legislative <br /> 1. Process involves the 1. Generally involves <br /> application of preexisting the creation of policy and <br /> criteria to concrete facts, not the determination of <br /> i.e., the application of policy facts or the application <br /> factfinding. of policy to facts. <br /> 2. Process is bound to 2. Decisionmakers can <br /> result in a decision, e.g. ordi- abandon the process at any <br /> nance requires a decision time. <br /> if an application is filed. <br /> 3. Applies to classes <br /> 3. Applies to a closely of persons or subjects. <br /> circumscribed factual situation Area affected may include <br /> or a relatively small number the entire planning unit. <br /> of persons or parcels. Size <br /> of the area affected in relation <br /> to the area in the planning <br /> unit is small. <br /> rv_ <br />