Aponte-Rosario v. Acevedo-Vilá, 617 F.3d 1 (2010)

Citation: Aponte-Rosario v. Acevedo-Vilá, 617 F.3d 1 (2010)
Parent Document: Aponte-Rosario v. Acevedo-Vilá, 617 F.3d 1 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-07-28
Original Source: https://www.courtlistener.com/opinion/151741/aponte-rosario-v-acevedo-vila/ ↗

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   In an order issued on February 7, 2007, the district court
denied HUD's Federal Rule of Civil Procedure Rule 12(b) motion to
dismiss Appellants' claims for failure to state a cause of action
against HUD.    In its motion, HUD argued that the decision to
approve the PRPHA's application for demolition was committed to the
Secretary's discretion and was thus unreviewable pursuant to
section 701(a)(2) of the APA. The district court, however, never
considered whether Appellants had a valid claim under APA section
702, which provides a cause of action for any "person suffering
legal wrong because of agency action, or adversely affected or
aggrieved by agency action within the meaning of a relevant
statute. . . ." 5 U.S.C. § 702.

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