Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)

Citation: Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Parent Document: Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Jurisdiction: United States (federal)
Effective Date: 1986-04-21
Original Source: https://www.courtlistener.com/opinion/467524/alice-ward-v-downtown-developmen... ↗

Full Text

1,078 chars

4
Arguably, the property interest found in Jeffries was based upon the fact that the particular condition on the authority to terminate was a finding of good cause rather than upon the fact that PHA's authority to terminate was conditional. While it is "well settled that a protected property interest arises where a government benefit may be withdrawn only for cause," id. at 925, the overarching issue is whether the tenant has a "legitimate claim of entitlement," rather than a mere "unilateral expectation," in the claimed property interest. Id. (quoting Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972)). A finding of good cause is only one example of a mandatory condition that may limit the authority of the state, giving the beneficiary an entitlement. In this case, the requirement that the DDA make a finding of the feasibility of relocation invested appellants with an entitlement to continued occupancy until the renewal project requiring their displacement had been approved pursuant to the conditions set forth in the DDA Act

Other Sections in This Document (44)

Full Text