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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)

Citation
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Parent Document
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Effective Date
1974-06-18

Other Sections in This Document (71)

Full Text

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No one can read the hearings before the district judge and his two opinions without being struck by his sincerity and compassion. However, the issue before him was not whether Phipps had worked out the optimum adjustment in the interests of the Lopez family, the project and the other tenants, but whether in the course of determining not to renew the lease, Phipps had denied the plaintiff due process of law. Mrs. Lopez’ entitlement to traditional' due process protections turns on whether the eviction by Phipps constituted government action and whether she had a legal interest going beyond the stated term of the lease. Her claim that due process was denied depends primarily upon her showing that their eviction was impermissibly based on “obsolete facts,” as the judge held, or that Mr. Codman was not qualified to act as a hearing officer, as she asserts. We rule with her on her claim that, before being evicted for non-renewal of her lease, she was entitled to the due process protections normally required of governmentdl agencies, but against her on her claim that she was denied the protections that were due. *942