Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)

Citation: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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Confronted with this argument, however, appellant directs our attention to the use of the word “appeal” in the statute to support her contention that Congress contemplated an administrative appeals process instead of a judicial one. “Appeal,” her argument goes, connotes an affirmative action by one seeking review of another person’s decision; and, being a defendant in an eviction action is not the same as allowing a person to affirmatively “appeal” a landlord’s decision to evict. The argument is undeniably attractive, prompting us to turn to the statute’s legislative history for guidance.

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