329 F.Supp. 427 (E.D.Pa. 1971), Civ. A. 71-1341, Resident Advisory Bd. v. Tate

Docket Nº:Civ. A. 71-1341
Citation:329 F.Supp. 427
Party Name:Resident Advisory Bd. v. Tate
Case Date:June 22, 1971
Court:United States District Courts, 3th Circuit, Eastern District of Pennsylvania

Page 427

329 F.Supp. 427 (E.D.Pa. 1971)

RESIDENT ADVISORY BOARD by Rose Wylie, Trustee ad litem, et al., Plaintiffs,


James H. J. TATE, Mayor of Philadelphia, et al., Defendants.

Civ. A. No. 71-1341.

United States District Court, E.D. Pennsylvania.

June 22, 1971

Page 428

Charles W. Bowser, Michael Sklaroff, Alan E. Casnoff, Stanley M. Walker, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs.

Levy Anderson, City Sol., Joseph Mistrano, Philadelphia, Pa., for Philadelphia

Page 429

Housing Authority, James H. J. Tate and Fred T. Corleto.

Arthur R. Littleton, Philadelphia, for Multicon Construction Corp. and Multicon Properties, Inc.

Joseph M. Gindhart, Philadelphia, Pa., for Whitman Area Improvement Council.

T. E. Byrne, Jr., Philadephia, Pa., for Alice Moore.

John Patrick Kelley, Philadelphia, Pa., for Fred Pruding.

Joseph M. Gindhart, Philadelphia, Pa., for all members of Whitman Area Improvement Council and its officers, agents, servants, representatives and employees and all other persons acting in concert with them or otherwise participating in their aid.


BRODERICK, District Judge.

On June 2, 1971, Multicon Construction Corp. and Multicon Properties, Inc., two of the Defendants in subject case, filed a Petition in this Court for Removal of this action from the Court of Common Pleas of Philadelphia County. This is an equity action which has been filed in the Court of Common Pleas of Philadephia County on May 25, 1971. The Plaintiff, the Resident Advisory Board, is an unincorporated association which represents tenants in public housing in Philadelphia. Plaintiff, Housing Task Force of the Philadelphia Urban Coalition, is a group engaged in improving housing conditions in the City of Philadelphia. Plaintiffs, Esther Sierra Mendez, Jean Thomas, Mable Smith and Bernice Devine are all residents of Philadelphia who have been on the waiting list for public housing. The Defendants are James H. J. Tate, Mayor of Philadelphia, Fred T. Corletto, Managing Director of Philadelphia, and Multicon Construction Corp., an Ohio corporation which entered into a contract with Multicon Properties, Inc., another Ohio corporation, which is the owner and developer of the property known as Whitman Park Townhouse Project under a contract with the Philadephia Housing Authority. The Defendant, Whitman Area Improvement Council, is an unincorporated association whose members are the residents in the Whitman Urban Renewal Area in which the Whitman Park Housing Project is located. Defendants Alice Moore and Fred Druding are the past president and present president, respectively, of the Whitman Area Improvement Council.

In the Complaint filed in the Common Pleas Court (and as amended in this Court), the Plaintiffs seek the following injunctive relief: (a) That Mayor Tate be ordered to revoke and rescind his directives to Multicon; (b) That Mayor Tate and Managing Director Corletto be enjoined from preventing construction of the Whitman Housing Project, including influencing the Philadelphia Housing Authority to take any action in derogation of its contract with Multicon; (c) That Multicon be ordered to resume construction; (d) That the Whitman Area Improvement Council be enjoined from interfering with construction work; and (e) That the Defendants Mayor Tate and Fred Corletto be required to pay damages to the Plaintiffs.

On June 3, 1971, the day after the action was removed to this Court, the Whitman Defendants filed a Motion to Dismiss or Stay the Proceedings and a Demand for July Trial. Oral argument was set on the Motion to Dismiss or Stay for Thursday, June 10, 1971. At the time of the Argument, with the consent of all other counsel present, argument was also heard in connection with the Plaintiff's Motion to Strike the Demand for Jury Trial and the Motion to Remand this case to the Court of Common Pleas...

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