RESIDENT ADVISORY BOARD by Rose Wylie, Trustee ad litem, Housing Task Force of the Philadelphia Urban Coalition by Shirley Dennis and Joseph Miller, Trustees ad litem, Esther Sierra Mendez, Individually and as guardian ad litem for her children, Carmelo, Mariel and Juanita, Jean Thomas, Individually and as guardian ad litem for her children, Cheryl, James, Kevin and Byris Thomas, Mable Smith, Individually and as guardian ad litem for her children, Jerome, Vanessa and Janice Smith, and Bernice Devine, Individually and on behalf of her children Robert, Linda and Arthur Devine, on their own behalf and on behalf of all persons on the waiting list for public housing in the City of Philadelphia, Pennsylvania
v.
Frank RIZZO, Individually and in his capacity as Mayor of Philadelphia, Hillel Levinson, Individually and in his capacity as Managing Director of the City of Philadelphia, Appellants in 77-1245, James H. J. Tate, Individually, Fred T. Corleto, Individually, Multicon Construction Corp., Multicon Properties, Inc., Redevelopment Authority of the City of Philadelphia, Defendants, and
Whitman Area Improvement Council, Alice Moore, Fred Druding, and 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, Defendant-Intervenors, and
Philadelphia Housing Authority, Redevelopment Authority of the City of Philadelphia, Russell Byers, Individually and as Regional Administrator of the U. S. Department of Housing and Urban Development, Carla A. Hills, Individually and as Secretary of the United States Department of Housing and Urban Development, and United States Department of Housing and Urban Development, Third-Party Defendants.
Appeal of the PHILADELPHIA HOUSING AUTHORITY, in 77-1241.
Appeal of REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA, in 77-1242.
Appeal of WHITMAN AREA IMPROVEMENT COUNCIL, Fred Druding and all others acting in concert therewith, in 77-1243.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 6, 1977.
Decided August 31, 1977.
Attorney(s) appearing for the Case
Harold Cramer, Marc S. Cornblatt, Arthur W. Lefco, Philadelphia, Pa., for appellant in 77-1241; Mesirov, Gelman, Jaffe & Cramer, Philadelphia, Pa., of counsel.
Peter A. Galante, Nicholas J. Scafidi, Philadelphia, Pa., for appellant in 77-1242.
Joseph M. Gindhart, Crumlish & Gindhart, Philadelphia, Pa., for appellants in 77-1243.
James M. Penny, Jr., Julian Wessell, Asst. City Sols., Sheldon L. Albert, City Sol., Philadelphia, Pa., for appellants in 77-1245.
Jonathan M. Stein, Harold R. Berk, George D. Gould, Community Legal Services, Philadelphia, Pa., Charles W. Bowser, Philadelphia, Pa., for appellees Resident Advisory Board et al.
Drew S. Days, III, Asst. Atty. Gen., Brian K. Landsberg, Cynthia L. Attwood, Attys., Dept. of Justice, Washington, D. C., for U. S. as amicus curiae.
David Belmont, Gwendolyn N. Bright, Philadelphia, Pa., for amicus curiae, the Housing Ass'n of Delaware Valley.
Mercer D. Tate, John Ratliff, Philadelphia, Pa., for amicus curiae Fellowship Com'n.
Martin E. Sloane, Arthur D. Wolf, Washington, D. C., for amicus curiae Nat. Committee Against Discrimination in Housing, Inc.
Benjamin G. Lipman, Asst. Gen. Counsel, Sanford Kahn, Gen. Counsel, Pa. Human Relations Com'n, Philadelphia, Pa., for amicus curiae Pa. Human Relations Com'n.
Before WEIS, Circuit Judge, CLARK, Associate Justice and GARTH, Circuit Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge.
Plaintiffs, various individuals eligible for low-income public housing in Philadelphia and organizations with a membership interested in such housing, seek relief in this civil rights action against the City of Philadelphia, the City's housing authority ("PHA"), and its redevelopment authority ("RDA"), and the Department of Housing and Urban Development ("HUD"). The dispute centers upon a plot of land in South Philadelphia...
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