Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)

Citation: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Parent Document: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Jurisdiction: United States (federal)
Effective Date: 1974-09-25
Original Source: https://www.courtlistener.com/opinion/321083/commonwealth-of-pennsylvania-v-j... ↗

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The Secretary makes three arguments that he has the discretion here claimed. First, he points to the nonmandatory language of the statutes, particularly in the subsections granting him contract authority. Second, he notes that the statutes’ stated purpose is to aid particular groups, from which he infers both the obligation to administer the programs for their benefit, and a correlative discretion to suspend their operation on determining, as here, that there is a substantial likelihood that the programs are principally benefitting others and perhaps actually harming the intended group of beneficiaries. 15

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