United States Third Circuit

In a class action lawsuit against the United States Department of Housing and Urban Development (HUD), seeking to compel action that they claim was unlawfully withheld by HUD, district court's grant of summary judgment in favor of HUD is reversed where: 1) section 311 did apply to HUD's management and disposition of the property at issue in this case; 2) HUD failed to make a determination that the property was not feasible for continued assistance and therefore failed to comply with the terms of section 311; and 3) grant of summary judgment on the issue of the cause of the displacement of the tenants is improper, and the matter is remanded for additional fact-finding on the issues of whether the tenants were displaced due to a federally financed project and, if so, whether the tenants who were entitled to relocation assistance at Uniform Relocation Act (URA) levels received such assistance.

Appellate Information

• Argued 05/18/2010
• Decided 09/08/2010
• Published 09/08/2010

Judges

• FUENTES

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Donald Driscoll, Robert L. Eberhardt