# Jipson v. S. Portland Hous. Auth.

> Superior Court of Maine · May 5, 2008

URL: https://www.frixlaw.com/law-library/cases/10809158

## Case

- **Court:** Superior Court of Maine
- **Decided:** May 5, 2008
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Robert E. Crowley
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss ,CIVIL ACTION ~
" DOCKET NO. AP-07-60 ,'t~·~ r' . , ,~

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CHRISTINA JIPSON,
Petitioner
ORDER ON
v. PETITIONER'S
RULE 80B APPEAL
SOUTH PORTLAND
HOUSING AUTHORITY,
Respondent

Before the Court is an appeal brought pursuant to M.R. Civ. P. 80B by

Christina Jipson seeking judicial review of a decision by the South Portland

Housing Authority terminating her Section 8 assistance.

BACKGROUND
Petitioner Christina Jipson ("Jipson") has participated in the Federal

Housing Assistance Payments Program ("Section 8"), a rental subsidy program,

since 1989. At the time relevant to this appeal, Jipson lived with her two sons,

Andrew Hamilton ("Andrew") and Joshua, in South Portland, Maine. On

September 19, 2007, Andrew was summonsed for possession of a usable amount

of marijuana. On October 3, 2007, the South Portland Housing Authority

("SPHA") sent Jipson notice that her Section 8 assistance would be terminated

because of Andrew's drug activity. Jipson requested an informal hearing, which

was held on October 11, 2007. The hearing officer issued a decision on October

12, 2007 supporting the SPHA's decision to terminate Jipson's voucher. Jipson

then requested a formal hearing, which was held before a different hearing
officer on November 13, 2007. This second hearing officer issued a decision on

November 15, 2007 directing the SPHA to continue Jipson's Section 8 assistance.

On November 26, 2007, SPHA Executive Director Elaine Neelon

("Neelon") notified Jipson by letter that the SPHA had decided to terminate her

Section 8 assistance despite the second hearing officer's decision to the contrary.

The letter stated that the Executive Director had "reviewed this information

[from the informal and formal hearing officers] and the information contained in

our Section 8 Administrative Plan regarding this issue. As a result of this review,

it is my decision to uphold the termination of your voucher."

Jipson now appeals the decision of the SPHA, arguing that the SPHA's

decision to disregard the decision of the second hearing officer was arbitrary,

capricious and in violation of her due process rights.

STANDARD OF REVIEW

On appeal, the Superior Court reviews directly the "decision of the

Authority for' abuse of discretion, errors of law, or findings not supported by the

substantial evidence in the record.'" Dowling v. Bangor Housing Authority, 2006

ME 136, 6<--"0'--- •

Action 80B COMPLAINT

CHRISTINA JIPSON SOUTH PORTLAND HOUSING AUTHORITY

Ys.

Plaintiff's Attorney Defendant's Attorney
KATHERINE MCGOVERN ESQ WENDY J PARADIS ESQ
FRANK D'ALESSANDRO ESQ BERNSTEIN SHUR SAWYER & NELSON
PO BOX 547 PO BOX 9729
PORTLAND ME 04112 PORTLAND ME 04104-5029
(207)774-8211 EXT 1216 (207) 774-1200

Date of
Entry

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10809158. Public record. Not legal advice.