New Motor Vehicle Bd. v. Orrin W. Fox Co.
434 U.S. 1345 (1977)

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U.S. Supreme Court

New Motor Vehicle Bd. v. Orrin W. Fox Co., 434 U.S. 1345 (1977)

New Motor Vehicle Board of California v. Orrin W. Fox Co.

No. A-151

Decided December 6, 1977

434 U.S. 1345

Syllabus

Application to stay District Court's judgment enjoining enforcement of the provisions of the California Automobile Franchise Act relating to the establishment and relocation of franchised motor vehicle dealerships on the ground that such enforcement violated the Due Process Clause of the Fourteenth Amendment, is granted, pending the filing and disposition of a jurisdictional statement, on the condition that all orders required by the Act fixing the times and places of hearings on protests against relocation or establishment of dealerships shall be issued and served by applicant Board concurrently with the required notification to the franchisor. Statutes are presumptively constitutional and, absent compelling equities on the other side (which are not present here), should remain in effect pending a final decision on the merits by this Court.

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