CHARLESTON HOUSING AUTH. v. U.S. DEPT. OF AGRIC.

Nos. 04-1884, 04-2620.

419 F.3d 729 (2005)

CHARLESTON HOUSING AUTHORITY, a municipal corporation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Ann M. Veneman, in her official capacity as Secretary of the United States Department of Agriculture, Defendants-Appellees, Frances Hines, Timothy Owens, Priscilla Johnson, Essie McCatrey, Danny Hines, Tisha Smith, Yolanda Clark, Housing Comes First, a Missouri nonprofit corporation, Movants Below. Frances Hines, Plaintiff, Timothy Owens, Priscilla Johnson, Essie McCatrey, Plaintiffs-Appellees, Danny Hines, Plaintiff, Housing Comes First, a Missouri non-profit corporation, Plaintiff-Appellee Angela Moore, Tisha Smith, Yolanda Clark, Plaintiffs, v. Charleston Housing Authority, a municipal corporation, Paul Page, in his official capacity and as Executive Director of the Charleston Housing Authority, Defendants-Appellants, Department of Housing and Urban Development, Mel Martinez, in his official capacity and as Secretary of the United States Department of Housing and Urban Development, United States Department of Agriculture, Ann M. Veneman, in her official capacity as Secretary of the United States Department of Agriculture, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2005.


Attorney(s) appearing for the Case

John L. Oliver, argued, Cape Girardeau, MO, for appellant.

Michael A. Price, Asst. U.S. Atty., argued, Cape Girardeau, MO, for appellee in 04-1884.

Ann B. Lever, argued, St. Louis, MO, for appellee in 04-2620.

Before MURPHY, BRIGHT, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

In 2001, a local housing authority in Charleston, Missouri, the Charleston Housing Authority (the "Housing Authority"), sought to implement a revitalization plan that involved the demolition of selected public housing units. The housing units at issue were the Charleston Apartments, fifty low-income rental units in a cluster of twenty-two separate buildings. At the time that the Housing Authority adopted its plan, forty-seven of the fifty units...

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