14 results for 'cat:"Government" AND cat:"Housing"'.
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: government, housing, Banking / Lending
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: Family Law, government, housing
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: government, Municipal Law, housing
J. Lemelle denies summary judgment to the city of New Orleans and rules in favor of a group of property owners seeking short-term rental permits for lodging offered on internet platforms like Airbnb and Vrbo. The ruling bars the city from excluding surviving spouses and trust beneficiaries, such as adult children, as residential STR owners and operators, as their exclusion "has no lawful rational basis.”
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: February 28, 2024, Case #: 2:19dv13773, NOS: All Other Real Property - Real Property, Categories: government, Property, housing
J. Lindblom finds a lower court properly dismissed a local resident's challenge of a grant of planning permission against a local planning authority. The local resident argued that the local planning authority was not entitled to demolish a historical residence in order to install solar power equipment. However, the local planning authority sufficiently showed in court that the house, which has since been demolished, was in extreme disrepair. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: December 15, 2023, Case #: CA-2022-1307, Categories: government, housing
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J. Wendlandt affirms the dismissal of local housing authorities’ motion for a declaratory judgment based on the local housing authorities’ belief that their state government exceeds its authority by refusing to approve employment contracts between local housing authorities and their executive directors if they don’t adhere to Department of Housing and Community Development guidelines. Guidelines are not by definition necessarily optional. Guidelines can be mandatory and the use of the term guidelines in a statute rather than mandates does not imply that the statute carries less authority than if it did use the term mandates.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: November 6, 2023, Case #: SJC-13412, Categories: Administrative Law, government, housing
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: government, housing, False Claims
J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, housing
Per curiam, the Fifth Circuit finds the district court improperly dismissed claims brought by the former Director of Procurement for the Houston Housing Authority, alleging that it bypassed federal regulations in violation of the False Claims Act. The cited government action bar provides that an action may not be brought if it is “based upon... a civil suit or an administrative... money penalty proceeding in which the Government is already a party.” An Inspector General audit did not qualify as a government action as it is not a civil action or “administrative... money penalty proceeding.” Claims against the city and property management companies were properly dismissed. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-20435, Categories: government, housing, False Claims
J. Lewis finds a lower court properly dismissed a single mother's Equality Act violations against a local local borough. The single mother, who unintentionally became homeless, argued that the local borough failed to secure her and her children with adequate housing. However, the bureau presented sufficient evidence in court that it secured housing in a private sector, despite her request to live in London. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: August 22, 2023, Case #: CA-2022-1935, Categories: government, housing
J. Donnelly finds that the lower court properly granted the nonprofit housing organization's petition for a writ of mandamus to compel the production of certain documents from Ohio Fair Plan because the agency is a "public office" under the Ohio Public Records Act. Although it does not perform a governmental function, Ohio Fair Plan was created by the legislature and handles administrative appeals regarding housing insurance, which renders it a public office subject to the type of records requests made by the nonprofit. Affirmed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: August 3, 2023, Case #: 2023-Ohio-2667, Categories: government, Public Record, housing
J. Lindblom finds a lower court properly dismissed a historic building trust's motion for judicial review concerning a local borough's grant of planning permission for a mixed use development. The historic building trust argued that the decision was unfair based on the absence of a vote, and that the presiding judge erred in tossing out claims that the proposed development should be deferred due to local opposition. However, the local borough presented sufficient evidence in court that the only parties who are entitled to vote on the matter are counsellors and committee members who have been involved in the proposal throughout planning permission. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: July 31, 2023, Case #: CA-2022-2041, Categories: Construction, government, housing
J. Triana finds that the trial court improperly ruled in favor of an Austin resident in a damages case she filed against the local housing authority stemming from a fall she claims was due to a premises defect caused by a construction project at her building. The housing authority’s governmental immunity was not waived by the resident’s claims; therefore, the trial court should have granted its motion to dismiss. Revered.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 31, 2023, Case #: 03-22-00085-CV, Categories: government, Immunity, housing