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T. R. CASEY, INC. v. HARRIS

June 11, 1979

T. R. CASEY, INC., a Pennsylvania Corporation, Plaintiffs,
v.
Patricia HARRIS, Secretary of the Department of Housing and Urban Development of the United States of America, and Redevelopment Authority of Allegheny County, a Governmental Instrumentality of the County of Allegheny, Pennsylvania, Defendants



The opinion of the court was delivered by: SIMMONS

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

The Court, having examined the pleadings, read the briefs of the respective parties, heard the statements of counsel, and being fully advised, now enters the following Findings of Fact, Conclusions of Law, and Order as to the above-captioned matter.

 FINDINGS OF FACT

 1. T. R. Casey, Inc., is a Pennsylvania Corporation, and is the Plaintiff in this action.

 2. Patricia Harris is the Secretary of the Department of Housing and Urban Development of the United States of America, and is a Defendant in this action (hereinafter referred to as HUD).

 3. Redevelopment Authority of Allegheny County is a governmental unit of the County of Allegheny, Pennsylvania, and is a Defendant in this action (hereinafter referred to as RAAC).

 4. This litigation involved a series of HUD actions relating to a competition between the Plaintiff and Roger Glunt for the right to develop Parcel No. 5 in the Urban Renewal Area of the Borough of Wilmerding, Pennsylvania, under the Federal HUD Section 8, Housing Assistance Payments Program for new construction.

 5. On September 28, 1975, the Pittsburgh HUD Area Office published a notification of Section 8 fund availability for units of Section 8 housing to be constructed in Allegheny County, Pennsylvania.

 6. Preliminary proposals were submitted by Plaintiff and by a Roger Glunt, and HUD purported to properly select Glunt as the best proposal in the Summer of 1976.

 7. Glunt submitted a final proposal entitled, ". . . Caldwell Apartments in the Borough of Wilmerding . . .", which was approved by the Area HUD Office.

 8. On March 20, 1978, HUD and Glunt executed an agreement to enter into a Housing Assistance Payments Contract for the project, and this agreement as amended provided that work on the project would commence on May 15, 1978.

 9. Due to certain delays in construction encountered by Glunt, HUD extended the date for commencement of construction to July 28, 1978.

 10. When the work did not begin within a reasonable time after July 28, 1978, the HUD Area Office, by letter dated August 21, 1978, notified Glunt that it was rescinding the aforementioned Housing Assistance Payments Contract.

 11. On August 22, 1978, prior to the institution of the above-captioned law suit, the HUD Regional Accounting Division was notified of the decision to rescind the contract and the Regional Accounting Division confirmed the action to rescind the contract on August 31, 1978, by placing the recaptured funds ...


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