United States Fourth Circuit
Clear Sky Car Wash LLC v. City of Chesapeake, 13-1492
Dismissal of plaintiff's suit challenging defendant-city's actions in initiating a "quick take" proceeding of plaintiff's property as part of a project to widen a highway is affirmed, where: 1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), in imposing policies on the heads of federal and state agencies in 42 U.S.C. sections 4651 and 4655, creates no individually enforceable rights, and therefore, plaintiff lacks any basis for a private action to remedy violations of those sections; 2) plaintiff cannot enforce those sections under 42 U.S.C. section 1983; and 3) plaintiff cannot seek relief under the Administrative Procedures Act (APA) because it never asserted an APA claim in its complaint.
Appellate Information
- Decided 02/21/2014
- Published 02/21/2014
Judges
- NIEMEYER
Court
- United States Fourth Circuit