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HESS v. WARD

July 9, 1980

Mildred J. HESS
v.
James WARD, Frances E. Regener, Joseph F. Somber, Richard Rittenbaugh, Herbert Chambers, Paul A. Rie, Mrs. Michael L. Strong, Mrs. Shane H. King, Frank Armstead, Arthur M. Bagley



The opinion of the court was delivered by: LUONGO

Plaintiff, a resident of Chester County eligible for participation in the public housing program of the county, brought this class action suit to challenge the system of priorities through which vacancies in public housing are filled. She seeks injunctive and declaratory relief. On August 3, 1977, I certified a class including all residents of Chester County who reside outside of one of those municipalities in the county which has public housing, who have applied or will in the future apply for public housing, and who have been or will be denied admission to public housing solely because they do not reside within a municipality with public housing. Defendants are various officials of the Housing Authority of the County of Chester (HACC), and the mayors of several municipalities in Chester County.

 In lieu of a trial, the parties submitted the matter on stipulated facts and filed briefs in support of their respective positions. The stipulated facts (with selected exhibits) are:

 STIPULATION OF FACTS

 1. The Housing Authority of the County of Chester (hereinafter HACC) was established pursuant to the United States Housing Act of 1937, 84 Stat. 1779, 42 U.S.C. Section 1401 et seq., as amended by the Housing and Community Development Act of 1974, P.L. No. 93-383, 42 U.S.C. Section 1437 et seq. and regulations promulgated thereunder and pursuant to the Housing Authorities Law, Act of May 28, 1937 P.L. 955, 35 P.S. § 1541 et seq. by a resolution of the Board of County Commissioners of the County of Chester, Pennsylvania dated June 5, 1963. A copy of this resolution, marked Exhibit "A" is attached and incorporated into these stipulated facts.

 2. By the above-mentioned resolution the following persons were appointed as members of the Board of HACC: Peter J. Short, Jr., Frank W. Armstead, Paul Rie, Michael Strong, Shane H. King. Appointed as Executive Director of HACC was James Ward.

 The current members of the Board of HACC are Arthur M. Bagley, Chairman, Paul A. Rie, Ann L. Strong, Daniel E. Grow, Jr., and David J. Williams. The current acting Executive Director of HACC is Vernon Cothran, who administers the daily operations of HACC.

 3. HACC maintains traditional public housing in the following Chester County municipalities: West Chester: 150 units Coatesville: 200 units South Coatesville: 30 units Phoenixville: 75 units

19800709

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