Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)

Citation: Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)
Parent Document: Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-07-14
Original Source: https://www.courtlistener.com/opinion/2816866/grier-v-united-states-departmen... ↗

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pursuant to the Horse Protection Act, 15 U.S.C. § 1821 et seq.
The Secretary’s order was dated a day earlier than the order was
mailed/served. If the date commencing the time limit of the
notice of appeal was the date of the order, then Kelly’s appeal
was untimely; if instead the date of commencement was the next
day, when the order was mailed/served, then the appeal was
timely. Kelly argued that the court should follow our decision
in Energy Probe and use the date of service as the
commencement date. The Eighth Circuit rejected that argument,
noting that the Horse Protection Act was clear on its face that an
appeal must be filed “‘within 30 days from the date of such
order.’” Kelly, 38 F.3d at 1001 (quoting 15 U.S.C. § 1825(b)(2))
(emphasis added). The court consequently held that under the
Horse Protection Act the commencement time limit for filing an
appeal “begins on the date of the order, not the date on which
service is mailed.” Id. at 1002. HUD argues that likewise here
the date of the Secretary’s order should be the date on which the
20-day time limit for filing an appeal begins.

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