Brown v. Burleigh County Housing Authority, 833 N.W.2d 512

Brown received federal housing assistance in Burleigh County administered by BCHA; February 2012 BCHA terminated her benefits.
Brown filed a notice of appeal March 9, 2012 under N.D.C.C. § 28-32-42 alleging constitutional rights violations and unfair hearing.
BCHA moved to dismiss arguing it is not an administrative agency under the AAPA, so the district court lacks jurisdiction.
The district court stayed the termination and enjoined adverse effects, and Brown sought an informal hearing and enforcement of the injunction.
BCHA held an informal hearing; the hearing officer concluded the state courts lacked jurisdiction and the AAPA did not apply, and Brown’s eligibility issues could not be reinstated.
On November 1, 2012 the district court denied Brown’s request for review; Brown appealed challenging jurisdiction and the court’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had jurisdiction to review under the AAPA	Brown argues the district court has review jurisdiction under ch. 28-32.	BCHA contends it is not an administrative agency under the AAPA, so no jurisdiction.	No jurisdiction under the AAPA; district court’s orders void.

Ennis v. North Dakota Dep’t of Hum. Servs., 2012 ND 185 (ND 2012) (limits judicial review under AAPA when reviewing agency decisions)
Falcon v. Williams Cnty. Soc. Servs. Bd., 430 N.W.2d 569 (ND 1988) (county boards administering a state-supervised program subject to AAPA)
Schmidt v. Ward Cnty. Soc. Servs. Bd., 2001 ND 169 (ND 2001) (AAPA applicability to county boards administering programs under state supervision)
United Accounts, Inc. v. Dachtler, 100 N.W.2d 93 (ND 1959) (statutorily created public corporations are not administrative agencies unless within executive branch)
Fradet v. City of Southwest Fargo, 59 N.W.2d 871 (ND 1953) (public corporations as agencies of the state when empowered to administer civil government)