Question
The State Motor Vehicle Administration, an administrative agency, conducts a hearing to determine if Eric's driver's license should be suspended because he drove under the
The State Motor Vehicle Administration, an administrative agency, conducts a hearing to determine if Eric's driver's license should be suspended because he drove under the influence of alcohol. At the conclusion of the hearing, the Administrative Law Judge ("ALJ") suspends Eric's license for a period of three years, and also rules that Eric must forfeit a parcel of real estate he owns to the State Highway Administration, to make way for a new public freeway. Eric believes that the ALJ abused her discretion because the ruling is an unconstitutional government taking without fair compensation. He appeals the ruling in the appropriate court in his jurisdiction.
a) What grounds, if any, might the trial court use to conclude that the ALJ's rulings should be stricken? Explain.
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