COWHERD v. U.S. DEPT. OF H.U.D.

No. 87-1074.

827 F.2d 40 (1987)

Tammy COWHERD, Minnie Cox, Robin Jones, and Carolyn Olive, individually and on Behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Samuel Pierce, as Secretary of HUD, Robert Kalish, as Director of HUD's Office of Multi-family Financing and Preservation, Phillip Winn, as Assistant Secretary of HUD-FHA Commission, Martha Lamkin, as Director of the Indianapolis Area Office, Paul D. Toller and Tee Harbor Associates, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1987.


Attorney(s) appearing for the Case

M. Patricia Smith, Legal Services Organization of Ind., Inc., Indianapolis, Ind., for plaintiffs-appellants.

Charles Goodloe, Jr., Asst. U.S. Atty., John Dnaile Tinder, U.S. Atty., Indianapolis, Ind., for defendants-appellees.

Before COFFEY and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


FLAUM, Circuit Judge.

The plaintiffs in this class action requested that the district court set aside HUD's sale of an Indianapolis housing project to a private owner. The plaintiffs argued that, because the project was sold without low-income rental subsidies, the sale violated 12 U.S.C. § 1701z-11 and its accompanying regulations, and was therefore arbitrary, capricious, and an abuse of discretion under the Administrative Procedure Act. The district court granted...

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