BENAVIDES v. HOUSING AUTH. OF SAN ANTONIO

No. 99-51127.

238 F.3d 667 (2001)

Emma Benavides; et al., Plaintiffs, Emma Benavides; Carmen Padilla; Jonathan Benavides, Plaintiffs-Appellants, v. Housing Authority of the city of San Antonio, Texas; Board of Commissioners of the San Antonio Housing Authority; Andrew Cuomo, Secretary of the Department of Housing and Urban Development; U.S. Department of Housing & Urban Development; Melvin Braziel, President and Chief Executive Officer of the San Antonio Housing Authority; Lupita Gutierrez, Chairperson of the Housing Authority of the City of San Antonio; Bob Beltran, Commissioner of the Housing Authority of the City of San Antonio; Henry Hull, Commissioner of the Housing Authority of the City of San Antonio; Emilio Amaya, Commissioner of the Housing Authority of the City of San Antonio, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 25, 2001.


Attorney(s) appearing for the Case

Larry R. Daves (argued), Larry R. Daves & Associates, San Antonio, TX, for Plaintiffs-Appellants.

James M. Heidelberg (argued), Nancy Hamilton Reyes, Escamilla & Poneck, San Antonio, TX, for Housing Authority of the City of San Antonio, Tex, Bd. of Com'rs of San Antonio Housing Authority, Braziel, Guttierez, Beltran, Hull and Amaya.

Gary Layton Anderson (argued), San Antonio, TX, for Cuomo and U.S. Dept. of Housing & Urban Development.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and POGUE, Judge.


EMILIO M. GARZA, Circuit Judge:

Emma Benavides, her son Jonathan, and Carmen Padilla are all former residents of the Victoria Courts public housing project in San Antonio, Texas. In 1995, the San Antonio Housing Authority (SAHA) filed an application for demolition of Victoria Courts, based primarily on concerns of obsolescence.1 Demolition of Victoria Courts began in November 1999. As of the time of the writing of this opinion, approximately...

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