Legal Opinion · Dissent

Maxton Housing Authority v. McLean

Court of Appeals of North Carolina

Decided October 2, 1984No. 8316DC1088Published

1Dissent

Judge BECTON

dissenting.

If I deemed it proper to resolve abstract principles, or, indeed, to decide cases in a vacuum, without reference to the facts of a case, I could easily join the majority in concluding that the Maxton Housing Authority (MHA) properly terminated Anita McCoy McLean’s lease. A consideration of the specific facts in this case, however, prompts me to dissent.

Mrs. McLean was evicted from her apartment because of nonpayment of rent and utilities. It must be remembered, however, that at the time Mrs. McLean became a tenant of MHA, she was the unmarried mother of two children and…

2Cases cited5 opinions

  1. Tyson v. New York City Housing AuthorityDistrict Court, S.D. New York · 1974
  2. Goler Metropolitan Apartments, Inc. v. WilliamsCourt of Appeals of North Carolina · 1979
  3. McClure v. McClureCourt of Appeals of North Carolina · 1983
  4. Presbyterian Hospital v. McCarthaCourt of Appeals of North Carolina · 1984
  5. Robertson v. . RobertsonSupreme Court of North Carolina · 1940

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