Peggy Dawson Etc. v. United States Department of Housing and Urban Development

Fifth Circuit

Peggy Dawson Etc. v. United States Department of Housing and Urban Development

592 F.2d 1292, 1979 U.S. App. LEXIS 15498

Court of Appeals for the Fifth Circuit·Decided April 11, 1979·No. 77-1382·Published·Cited by 6 cases

Opinion

PER CURIAM:

This case involves statutory construction of the Uniform Relocation and Assistance and Real Property Acquisitions Policies Act (URA), 42 U.S.C. § 4601, et seq. The sole question is whether the government must pay relocation assistance to the plaintiff who was forced to move by a private developer.

The district court found for the government and its opinion is reported at 428 F.Supp. 328 (N.D.Ga.1976). The precise issue presented in this appeal has been decided by the Eighth Circuit in Moorer v. HUD, 561 F.2d 175 (8 Cir. 1977), cert. denied, 436 U.S. 919, 98 S.Ct. 2266, 56 L.Ed.2d 760 (1978), with a result favorable to the government. The government has also prevailed in its view of the URA in Conway v. Harris, 586 F.2d 1137 (7 Cir. 1978).

We have reviewed the arguments presented by the plaintiff in this case and her criticisms of the Moorer and Conway cases. We nevertheless believe that those cases were correctly decided and affirm the district court.

The plaintiff’s equal protection contention and her argument arising out of 42 U.S.C. § 4637 were also correctly disposed of by the district court in its opinion. 428 F.Supp. at 333.

AFFIRMED.

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PER CURIAM:

This case involves statutory construction of the Uniform Relocation and Assistance and Real Property Acquisitions Policies Act (URA), 42 U.S.C. § 4601, et seq. The sole question is whether the government must pay relocation assistance to the plaintiff who was forced to move by a private developer.

The district court found for the government and its opinion is reported at 428 F.Supp. 328 (N.D.Ga.1976). The precise issue presented in this appeal has been decided by the Eighth Circuit in Moorer v. HUD, 561 F.2d 175 (8 Cir. 1977), cert. denied, 436 U.S. 919, 98 S.Ct. 2266, 56 L.Ed.2d 760 (1978), with a result favorable to the government. The government has also prevailed in its view of the URA in Conway v. Harris, 586 F.2d 1137 (7 Cir. 1978).

We have reviewed the arguments presented by the plaintiff in this case and her criticisms of the Moorer and Conway cases. We nevertheless believe that those cases were correctly decided and affirm the district court.

The plaintiff’s equal protection contention and her argument arising out of 42 U.S.C. § 4637 were also correctly disposed of by the district court in its opinion. 428 F.Supp. at 333.

AFFIRMED.

Peggy Dawson Etc. v. United States Department of Housing and Urban Development, 592 F.2d 1292, 1979 U.S. App. LEXIS 15498 (5th Cir. 1979).

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Opinion

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