Gardner v. Nashville Housing Authority, 72-1141

• Decision Date: 18 October 1972
• Docket Number: 72-1142.,No. 72-1141,72-1141
• Citation: 468 F.2d 480
• Parties: R. L. GARDNER and Ruth Gardner, Plaintiffs-Appellants, v. The NASHVILLE HOUSING AUTHORITY of the Metropolitan Government of Nashville and Davidson County, Tennessee, et al., Defendants-Appellees. Charles H. ADAIR and June P. Adair, Plaintiffs-Appellants, v. The NASHVILLE HOUSING AUTHORITY of the Metropolitan Government of Nashville and Davidson County, Tennessee, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

468 F.2d 480 (1972)

R. L. GARDNER and Ruth Gardner, Plaintiffs-Appellants, v. The NASHVILLE HOUSING AUTHORITY of the Metropolitan Government of Nashville and Davidson County, Tennessee, et al., Defendants-Appellees.

Charles H. ADAIR and June P. Adair, Plaintiffs-Appellants, v. The NASHVILLE HOUSING AUTHORITY of the Metropolitan Government of Nashville and Davidson County, Tennessee, et al., Defendants-Appellees.

Nos. 72-1141, 72-1142.

United States Court of Appeals, Sixth Circuit.

October 18, 1972.

J. Granville Clark, Russellville, Ky., for plaintiffs-appellants.

Joseph L. Lackey, Jr. and Wilson Sims, Nashville, Tenn., for defendants-appellees.

Before EDWARDS and McCREE, Circuit Judges, and TUTTLE, Senior Circuit Judge.^*

TUTTLE, Senior Circuit Judge.

This appeal resembles, in the legal points at issue, that in Boles v. Greeneville Housing Authority, 6th Cir. 468 F.2d 476, decided this day. It requires the same disposition.

This case arose from an attack by two sets of plaintiffs, each set being a husband and wife, on the proposed taking of their property, located within the University Center Urban Renewal Area by the defendants, Nashville Housing Authority and Vanderbilt University (alleged to have conspired with Nashville Housing Authority).

It is unnecessary to recite all of the grounds of the complaint because we find ourselves in full agreement with the statement of the trial court.

"The Department of Housing and Urban Development is the authority of the government of the United States which determines that a local area qualifies for federal urban renewal funds. The local housing authority gathers the necessary criteria and formulates the requisite plans to ascertain whether submitting an application to the federal authorities would be appropriate; then the local governing body must adopt and approve the plan in order to demonstrate community sanction for the proposed project. Upon receipt of the application for loan and grant funds, HUD is required to determine if the project qualifies under the applicable federal requirements.

This Court recognizes that a local urban renewal plan must comply with the requirements of the federal Urban Renewal Manual, but the determination of compliance is solely the responsibility of HUD. Any arbitrary or capricious decision by HUD which affronts the terms of the manual may be subject to adjudication and review in a federal forum, but it is necessary that such an attack be directed against HUD as a party-defendant. See Powelton Civil Home Owners Association v. Department of Housing and Urban

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