Money v. Cullinane

While I concur in the judgment and opinion of the court, I am constrained to offer two observations. First, the court has not decided whether, absent exclusion by reason of the “selection or tenure” provision of D.C.Code 1973, § 1-1502(8)(B), these cases would have been “contested” cases within the basic meaning of that section — /, e., “proceeding[s] ... in which the legal rights, duties, or privileges of specific parties are required by any law (other than this chapter), or by constitutional right, to be determined after a hearing . . . .” Id. § 1-1502(8). Second, by construing the…