Davis v. Cain

The petitioner, as commissioner and chairman of the Burlington Housing Authority, was removed by the mayor. The grounds given were inefficiency and neglect of duty. Since there was no statutory provision for appeal, the petitioner brought to this Court his application for a writ of certiorari, seeking review of the legality of the removal proceedings. They were conducted under the authority of 24 V.S.A. §4006, which reads as follows:

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the case of an authority of a town,…