Berry v. Housing & Home Finance Agency
Berry v. Housing & Home Finance Agency
Opinion of the Court
Appellants, owners of the Hotel Utica in Utica, New York, brought action in the United States District Court for the Northern District of New York against federal and local agencies and officials, seeking to enjoin a nearby urban redevelopment project in which transient housing units competing with the hotel are included. The District Court, James T. Foley, Chief Judge, granted a motion to dismiss the complaint and amended complaint as to the federal agency and its national and regional administrators, and the hotel owners appeal. We find
Assuming arguendo, that order is appealable even though it affected only some of the parties defendant,
The order appealed from is affirmed.
. Compare United States v. New York, N. H. & H. R. R., 276 F.2d 525, 545, 2 Cir. 1959, 1960 and Telechron v. Parissi, 197 F.2d 757, 2 Cir.1952 with Davis v. National Mortgage Corp, 320 F.2d 90, 2 Cir.1963, Wolfson v. Blumberg, 2 Cir. 1965, 340 F.2d 89, Rinker v. Local Union No. 24 of Amalgamated Lithographers, 313 F.2d 956, 3 Cir.1963, Bowling Machines, Inc. v. First National Bank of Boston, 283 F.2d 39, 1 Cir.1960.
. “(g) No provision permitting the new construction of hotels or other housing for transient use in the redevelopment of any urban renewal area under this subchapter shall be included in the urban renewal plan unless the community in which the project is located, under regulations prescribed by the Administrator, has caused to be made a competent independent analysis of the local supply of transient housing and as a result thereof has determined that there exists in the area a need for additional units of such housing.”
Reference
- Full Case Name
- Louis BERRY, Harold Berry, David M. Miro, Harvey G. Snider and Charles W. Cole, co-partners doing business under the assumed name and style of Utica Hotel Company v. HOUSING AND HOME FINANCE AGENCY
- Cited By
- 3 cases
- Status
- Published