Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)

Citation: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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“remove from the grievance process all eviction actions which are governed by State law.” 47 Fed.Reg. 17300 (Apr. 22, 1982). After a comprehensive rulemaking process, the FmHA announced its final rule in which it introduced what it termed a “major change”: that “the termination of tenancy and eviction will be conducted by a judicial process in accordance with State or local law.” 48 Fed.Reg. at 56176 (Dec. 19,1983). Specifically, the regulation, which is the subject of this appeal, now provides that “[t]he termination of tenancy and eviction must be based on material violation of the lease terms or other good cause” and that the landlord “shall not evict any tenant except by judicial action pursuant to State law.” 7 C.F.R. § 1944.553(f) (1990). 2 II. STANDARD OF REVIEW

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