Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)

Citation: Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)
Parent Document: Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)
Jurisdiction: United States (federal)
Effective Date: 1983-08-19
Original Source: https://www.courtlistener.com/opinion/416563/lutul-love-v-united-states-depar... ↗

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HUD did not invoke Sec. 4 of the APA as a basis for its position in this case, apparently because of its view that the exemption in Sec. 4(a)(2) applies; Sec. 4(a)(2) exempts from rulemaking "a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts." HUD nonetheless cited to us and did rely on Vermont Yankee--a rulemaking case--as well as its own regulations which set forth the procedural requisites for rulemaking--28 C.F.R. Secs. 10.110.20(1982)

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