Wheatley v. Warren

2 Citing cases

  1. Acme Brick Co. v. Missouri Pac. R.R

    821 S.W.2d 7 (Ark. 1992)   Cited 40 times

    73 C.J.S. Public Administrative Law and Procedure 61(b) (1983). We have previously adopted the rule of necessity in Wheatley v. Warren, 232 Ark. 123, 128, 334 S.W.2d 880, 883 (1960), where we held that an exception to disqualification occurs "where the authority of the administrative officer is exclusive, and no legal provision for calling in a substitute is provided." Accordingly, we conclude that although the Commissioners' hearing this case created an appearance of bias that would ordinarily have required them to disqualify themselves from considering appellee's petition, the rule of necessity, as implicated by the absence of a procedure to appoint special Commissioners, excepted their disqualification.

  2. Watson v. City of Gatlinburg

    699 S.W.2d 171 (Tenn. Ct. App. 1985)   Cited 2 times
    Concluding that rational basis existed for city's action of singling out plaintiff employee for termination where evidence showed that, although other city employees were involved in incident involving abuse of city prisoner, plaintiff was senior employee who played major role in incident

    Courts of numerous jurisdictions have quoted this language with approval and stressed the fact that such discretion, if mandated by statute, may be properly placed in one individual. See e.g., Wheatley v. Warren, 232 Ark. 123, 334 S.W.2d 880 (1960); Emerson v. Hughes, 117 Vt. 270, 90 A.2d 910 (1952); Bourgeois v. Orleans Parish School Board, 219 La. 512, 53 So.2d 251 (1951). The issue before the trial court was whether the city manager exceeded his authority, acted fraudulently or illegally or arbitrarily.