Community Development Digest

Courts

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SCOTUS Review Sought on Section 8 Finance Ruling

The Department of Housing & Urban Development is asking the U.S. Supreme Court to review a March 2014 federal circuit court decision requiring HUD to use contracts rather than grants to finance the management of its Section 8 project-based, landlord-managed program.

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Final Lead Paint Ruling in California

A state judge in Santa Clara County, CA refuses to grant a new trial to lead paint manufacturers and orders them to pay $1.5 billion into a fund to be used to remove lead paint that is potentially dangerous to children in thousands of homes in 10 cities and counties in the state.

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Judge to Decide on Low-End Housing

A dispute over where to place low-income housing in upscale Chappaqua, NY will be decided by a judge after talks collapse.

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Bond Insurer Opposes Changes to Redevelopment Law

Bond insurer Syncora Guarantee Inc. has filed a lawsuit against the state of California seeking to prevent implementation of a law that effectively killed 400 redevelopment agencies (RDAs).

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Idaho Supreme Court Backs State's Eminent Domain Claim

The Idaho Supreme Court rejects a Boise business's attempt to win $7.5 million in damages and lost access rights after the Idaho Transportation Board (ITB) took aportion of its land via eminent domain to improve a highway interchange. The ITB took land owned by HI Boise, which owned and operated ...

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New Jersey Court: Cities Can Challenge Trust Fund Taking

Cities in New Jersey can challenge the state's seizure of affordable housing trust fund dollars, the Appellate Division of the New Jersey Superior Court ruled July 13. The Fair Share Housing Center and the New Jersey League of Municipalities filed the lawsuit in an effort to prevent the July 17 ...

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NJ Township Development Case Reaches SCOTUS

The U.S. Supreme Court is asked by a New Jersey township to overturn a Third Circuit fair housing ruling that neighborhood development plans violated the Fair Housing Act (FHA). The case, Mount Holly Citizens in Action. v. Township of Mount Holly, has been a four-year court battle over whether plan...

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Ohio Eminent Domain Case Could Limit Local Use

The Ohio Supreme Court will rule later this year on whether federal commerce laws can prohibit the city of Gerard's use of eminent domain. The court on June 19 heard oral arguments in Girard v. Youngstown Belt Railway Co. Gerard sought to use eminent domain to expand its parks in 2006, taking more ...

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NY County Appeals Federal Consent Decree Ruling

Westchester County, NY will appeal in the U.S. Second Circuit a federal district court ruling it violated a 2009 consent decree with HUD to address segregation, when it vetoed legislation prohibiting landlords from using income as a decision-making factor. The May 3 ruling by federal District Judg...

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Historic Tax Credit at Issue in Federal Court Case

The future of federal historic tax credits could be negatively affected if an appeals court overturns a lower court's decision allowing their use to rehabilitate Historic Boardwalk Hall in Atlantic City, NJ. The Internal Revenue Service is appealing to the U.S. Third Circuit Court of Appeals a ruli...

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