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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4625

Citation
Section 4625
Parent Document
Cole v. Harris, 187 U.S. App. D.C. 156 (1977)
Effective Date
1977-11-14

Other Sections in This Document (158)

Full Text

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We cannot agree, however, that benefits to those tenants who did not choose to return to Sky Towers should terminate on the date they were given leave to return. We can understand the trial judge’s disappointment that only 18 of the 55 displaced families chose to return. He felt that the remainder had “walked away from what they brought suit for, and now they want money,” not housing.37 But while this reaction is understandable, it overlooks a critical'fact — the court’s issuance of a preliminary injunction did not grant to appellees the right to return to the quiet enjoyment of their homes; rather, it gave them only the limited right to return pendente lite to a half demolished and decimated community which might still have been demolished in the near future.38 A decision to return would mean giving up new homes found only after arduous search, undergoing the disruption of a second move some nine months after the first, and assuming the very substantial risk of being uprooted yet again should the demolition decision be upheld.