Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)

Citation: Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Parent Document: Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Jurisdiction: United States (federal)
Effective Date: 1967-06-05
Original Source: https://www.courtlistener.com/opinion/107416/thorpe-v-housing-authority-of-durham/ ↗

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[*] In the statement of facts preceding the names of counsel, there is an assertion that "[t]he [Superior] [C]ourt made findings of fact, each of which is supported by stipulations or by the evidence in the record." 267 N. C., at 432, 148 S. E. 2d, at 290-291. Following this is a recitation of the findings of the Superior Court, including the finding that "[w]hatever may have been the [Authority's] reason for terminating the lease, it was neither that the defendant had engaged in efforts to organize the tenants of [the housing project] nor that she was elected president of a group which was organized in [the housing project] . . . ." Id., at 432, 148 S. E. 2d, at 291. My Brother WHITE argues that this amounted to an affirmance of the Superior Court's finding as supported by the evidence. But, to me, such a claim is belied by the court's statement, in the body of its opinion, that it was "immaterial what may have been the reason for the lessor's unwillingness to continue the relationship of landlord and tenant." Id., at 433, 148 S. E. 2d, at 292. This indicates that the North Carolina Supreme Court did not make an independent review of the record to determine whether the Superior Court's finding as to the cause of eviction was supported by the evidence since it thought the reason for eviction immaterial.

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