Clear Sky Car Wash LLC v. City of Chesapeake, VA

After the City initiated a "quick take" proceeding to take the property of Clear Sky Car Wash, Clear Sky filed suit to challenge the City's actions. Clear Sky alleged that the City's conduct violated the mandatory real property acquisition policies set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. 4651, which were applicable to state agencies when, as here, federal funds were involved. The district court granted the City's motion to dismiss. The court affirmed, concluding that section 4651 did not create enforceable rights. Therefore, Clear Sky lacked any basis for a private action to remedy violations under the URA. Further, 42 U.S.C. 1983 did not give Clear Sky enforceable rights to file suit. The court rejected Clear Sky's argument that it had an Administrative Procedure Act, 5 U.S.C. 551 et seq., claim against the USDOT to require it to enforce the policies of section 4651. Accordingly, the court affirmed the judgment of the district court. View "Clear Sky Car Wash LLC v. City of Chesapeake, VA" on Justia Law