United States Tenth Circuit

In an apartment operator's injunctive and declaratory relief action against HUD arising after HUD terminated its contractual relationship with plaintiff, which allowed for certain financial subsidies for making housing available to qualified low-income tenants, dismissal of the claims is reversed in part and remanded where, contrary to the ruling below, the district court should have exercised jurisdiction over plaintiff's claim that HUD violated its own regulations by terminating payments made under the Section 8 federal housing program.

Appellate Information

• Decided 02/09/2009
• Published 02/10/2009

Judges

• McCONNELL, Circuit Judge., Before KELLY, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Clyde A. Muchmore, Crowe & Dunlevy, Oklahoma City, OK (Mark S. Grossman and Nkem A. Housworth, Crowe & Dunlevy, Oklahoma City, OK, with him on the briefs) for Plaintiff-Appellant.


• For Appellees:
  
• R.D. Evans, Jr., Assistant United States Attorney for the Western District of Oklahoma (John C. Richter, United States Attorney, Oklahoma City, OK, with him on the briefs) for Defendant-Appellee.