Lee Mulcahy v. Aspen Pitkin County Housing Authority
AdministrativeLaw DueProcess JusticiabilityDoctri
Can a governmental agency initiating litigation be relieved of its obligation to prove the elements of its claim against a 'class of one', even when that action is not brought under the Administrative Procedure Act, and when the trial court has acknowledged a dispute as to material facts?
QUESTIONS PRESENTED 1. Can.a governmental agency initiating litigation, by virtue of the exhaustion doctrine, be relieved of . its obligation to prove the elements of its claim against a “class of one”, even when that action is not brought under the Administrative Procedure Act, and even when the trial court has acknowledged a dispute as to material facts? 2. Whether the process APCHA employed, that is, depriving an individual of their home and property without a hearing at the administrative or court ; level, violated my constitutional rights to due process and equal protection of the laws under the 5th and 14th amendments to our Constitution. ii .