# Jackson v. Housing Opportunities Commission

> Court of Special Appeals of Maryland · December 6, 1979 · 44 Md. App. 304

URL: https://www.frixlaw.com/law-library/cases/9750808

## Case

- **Full name:** JULIAN JACKSON Et Al. v. HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY
- **Court:** Court of Special Appeals of Maryland
- **Decided:** December 6, 1979
- **Citations:** 44 Md. App. 304; 408 A.2d 1337; 1979 Md. App. LEXIS 434
- **Precedential status:** Published
- **Opinion:** Concurrence by Lowe
- **Judges:** Moore, Lowe, Liss
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9750808

## Opinion text

Lowe, J.,
concurring:
I must concur that the law is as interpreted by the majority but I am compelled to deplore that a government agency created to provide housing, is not liable for its failure to provide it safely. If an insurance company accepts premiums to insure, it should be statutorily deprived of the shield of immunity to the extent of coverage sold as has been done *318 in the case of charitable institutions. See Md. Code, Art. 48A, § 480; Eliason v. Funk, 233 Md. 351 (1964); Gorman v. St. Paul Fire Ins. Co., 210 Md. 1 (1956). See also Md. Code, Art. 43, § 556A. Such is a legislative concern, however, not one we may alter.
I am equally concerned that an insurance company has been paid premiums out of taxpayers’ pockets to insure an immune agency. If this has knowingly been done, both the payor and the payee have misused public funds and, if not criminally liable, should be held civilly liable for the unwarranted and unauthorized expenditure. While these too may be legislative matters, they come quite close, and circumstantially may cross, the judicial line.
I concur — with reluctance — in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9750808. Public record. Not legal advice.