Legal Opinion · Dissent

GOULD v. HOUSING AUTHORITY OF the CITY OF AUGUSTA.

Court of Appeals of Georgia

Decided November 3, 2017No. A17A0902Published

1DissentBethel, Judge

The majority's opinion in this case improperly expands the role of the judiciary.1 The regulations governing the housing authority with respect to the termination of benefits provide expedient and decisive action while at the same time ensuring welfare recipients receive the minimum procedural safeguards afforded by the Due Process Clause of the Fourteenth Amendment. In this case, the hearing officer's actions are subject to the authority granted to it by AHA as opposed to an exercise of its own judgment under the law.2 Moreover, under all circumstances where the authority determines that the…

2Cases cited8 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
  3. City of Cumming v. FlowersSupreme Court of Georgia · 2017
  4. MacK II, Inc. v. City of AtlantaCourt of Appeals of Georgia · 1997
  5. Laskar v. Board of Regents of the University SystemCourt of Appeals of Georgia · 2013

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