FOSTER v. HERLEY

No. 73-1084.

491 F.2d 174 (1974)

Thomas E. FOSTER and Georgie Lee Foster, Plaintiffs, Church of Our Father, Baptist, Inc., Intervenor Plaintiff-Appellant, v. Mark HERLEY, Director of Detroit Housing Commission; Detroit Housing Commission, City of Detroit, Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1974.


Attorney(s) appearing for the Case

Irving B. Ackerman, Alan T. Ackerman, Detroit, Mich., on brief, for appellant.

Alvin R. Davidson, Detroit, Mich., for appellees; Michael M. Glusac, William J. Coughlin, Thomas J. O'Dowd, Detroit, Mich., on brief.

Before PECK and McCREE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


PER CURIAM.

In 1950 the City of Detroit (hereinafter "the City") filed a condemnation action in an area of the City designated "Mich. 1-11" with the stated intention of establishing a public housing project. The project languished for a decade, however, and in 1960 the City discontinued the condemnation proceedings begun in 1950. With the aid of federal funding the City resurrected the planned project and filed a new condemnation suit in the same area in 1962. A class...

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