Thorpe v. Housing Authority of City of Durham/Dissent White

by Byron White

United States Supreme Court

386 U.S. 670

Thorpe  v.  Housing Authority of City of Durham

 Argued: March 21, 1967. --- Decided: April 17, 1967

Mr. Justice WHITE, dissenting.

I would agree with Mr. Justice DOUGLAS that there are reasons for which the Authority could not terminate petitioner's lease and that the ground alleged by the petitioner to be the cause of her eviction is one of them. The trial court rejected petitioner's allegations. This finding was affirmed by the North Carolina Supreme Court as supported by the evidence, although it did say, erroneously I think, that the reasons for the eviction were 'immaterial.' There could have been a more adequate record made as to the basis for the eviction but petitioner was afforded a full due process hearing in the lower court and had the opportunity to explore fully why she was evicted. I do not view the federal circular as significant to the resolution of this case, and would not remand on that basis.

I would affirm.

Notes