Brown v. Burleigh County Housing Authority

Petitioner Ounjaniese Brown appealed a district court judgment that denied her request for review of Burleigh County Housing Authority's ("BCHA") decision to terminate her housing assistance benefits. Brown was a recipient of benefits under a federal housing assistance program. In 2012, BCHA terminated Brown's housing assistance benefits. Brown filed a notice of appeal and specification of error in district court, stating she was appealing BCHA's decision to terminate her housing assistance. Brown alleged BCHA's decision violated her constitutional rights, she did not receive a fair hearing, and BCHA failed to consider evidence she presented. BCHA filed a motion to dismiss, arguing it was not an agency for purposes of the Administrative Agencies Practices Act ("AAPA") and therefore the district court did not have jurisdiction to hear the appeal. Upon review, the Supreme Court concluded the district court lacked jurisdiction over the matter, and vacated the judgment and orders. View "Brown v. Burleigh County Housing Authority" on Justia Law