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Legislative Body or Administrative Agency

Pursuant to federal jurisdictional statute, final judgments or decrees rendered by the highest court of a state in which a decision could be had may be reviewed by the Supreme Court.[i]

An administrative agency is a legislative body having discretion to pass ordinances and the court will not interfere with its legislative discretion.[ii] Similarly, a court will not substitute its judgment for that of the legislative body charged with the primary duty and responsibility of determining the question.[iii]

In Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910), the court held that a court should not overrule a decision by local lawmakers and the judgment of the highest court of the state whose people were directly concerned.

In Olney v. Arnold, 3 U.S. 308 (U.S. 1796), the court held that even though a legislative body has the power to set aside decisions of the state’s highest court, a legislative body is not considered to be the highest court of a state since the  powers of a legislature and of a court are different.

In Staten Island R. T. R. Co. v. Transit Com., 276 U.S. 603 (U.S. 1928), the court held that an appeal should be taken from the highest court in which judicial review may be had and not directly from an administrative agency.

[i] 28 USCS § 1257

[ii] Hawes v. Contra Costa Water Co., 11 F. Cas. 862, 865 (C.C.S.D. Cal. 1878)

[iii] Gant v. Oklahoma City, 289 U.S. 98 (U.S. 1933)

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