LITTLE EARTH OF UNITED TRIBES v. DEPT. OF HOUSING

No. 85-5371.

807 F.2d 1433 (1986)

LITTLE EARTH OF THE UNITED TRIBES, INC., a Minnesota Nonprofit Corporation, and Little Earth Tenants' Committee, Appellees, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Samuel R. Pierce, Jr., in his capacity as Secretary, United States Department of Housing and Urban Development, (HUD), Appellant, John Doe and Mary Roe, Agents and Officials of HUD, and Donald Omodt, in his capacity as Sheriff of Hennepin County.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1986.


Attorney(s) appearing for the Case

Mark B. Stern, Washington, D.C., for appellant.

Randall Smith, Minneapolis, Minn., for Little Earth.

Alan I. Silver, St. Paul, Minn., for Westminster Corp.

Before HEANEY, JOHN R. GIBSON and McMILLIAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Samuel R. Pierce, Jr., Secretary of the United States Department of Housing and Urban Development (HUD), appeals from three district court1 orders requiring HUD to fund rehabilitation of the Little Earth of United Tribes multi-family rental project (Little Earth). HUD argues that the district court was powerless to order HUD to fund Little Earth's rehabilitation and that the National Housing Act does not...

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