consideration of retroactive class relief results in “a delicate balancing of the equities”
How later courts described this case
- consideration of retroactive class relief results in “a delicate balancing of the equities”
Written by the judges who cited it.
The opinion
MACK, Associate Judge,
concurring in part:
I join in the court’s opinion to the extent that it affirms the Department of Human Resources’ decision (i. e., that the Fair Hearings Division was the wrong forum for petitioners’ claims since it lacked authority to rule on the validity of the City Council Regulation and that the request for an evi-dentiary hearing was therefore properly dismissed). However, I do not agree that petitioners’ claim for restitution is before this court, and I would not reach the issue.