HUD's reliance upon existing Senior Village project studies by DCRLA and Fort Lincoln, combined with HUD's own review of those documents and its independent site evaluation, is not an abdication by HUD of its decision making duty. HUD appears to have taken a rational and sensible course in avoiding, as much as possible, a duplicative work effort. The agency's actions in this respect are entirely consistent with HUD's expeditious administration of its statutory duty.
Plaintiffs' allegations that the HUD Senior Village site inspection was deficient are not supported by the Rucker deposition. Indeed, the deposition evidences that Rucker was fully apprised of his responsibilities, and that his investigation adequately addressed the accessibility and suitability requirements applicable to this housing project.
The record in this case does not support a finding that HUD's actions were arbitrary, capricious, an abuse of discretion or otherwise not in compliance with law. Plaintiffs have failed to demonstrate a "clear error of judgment" which would warrant this Court granting them summary judgment. Overton Park, supra, at 416. Furthermore, it appears to the Court that if under plaintiffs' plan for relief HUD were to deny further mortgage assistance payments to Fort Lincoln until additional bus service was provided, the Senior Village residents would face an immediate and substantial rent increase. Conceivably some residents would be forced to look elsewhere for adequate, affordable housing. Such a result is not in the public interest, and perhaps not in the interests of these plaintiffs.
Plaintiffs' eleventh-hour attempt to seek review of the various housing act enabling regulations is misguided. This Complaint is narrowly drawn to allege deficiencies in the Senior Village project approval process. It is those allegations upon which defendants' motions are based. A motion for summary judgment is not the proper vehicle for plaintiffs' attempted amendment of their Complaint to seek a general review of the sufficiency of HUD's housing site regulations, and, therefore, that question is not properly before the Court.
With respect to defendant Fort Lincoln, there is no legal duty imposed, either by statute or contract, that would entitle plaintiffs to have the Court compel Fort Lincoln to provide additional bus service to residents of Senior Village. Fort Lincoln is a private developer in contractual privity with HUD. Fort Lincoln has met all its contractual obligations to HUD, and the Court has found that HUD has not acted arbitrarily or capriciously.
Therefore, the Court having considered the motions, the memoranda of points and authorities in support thereof and in opposition thereto, the exhibits, affidavits and deposition submitted in connection therewith, the entire record herein, and the arguments of counsel for the parties at the hearing, and being of the opinion that there is no genuine issue of material fact, and that plaintiffs have failed to state a claim against defendant Fort Lincoln, and that defendant HUD is entitled to judgment as a matter of law, for the reasons stated herein, it is by the Court this 20th day of January 1978,
ORDERED that defendant Fort Lincoln New Town Corporation's Motion to Dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, treated as a Motion for Summary Judgment, pursuant to Rule 12(b), Federal Rules of Civil Procedure, be, and the same hereby is, granted, and it is further
ORDERED that defendant Secretary of Housing and Urban Development's Motion for Summary Judgment be, and the same hereby is, granted, and it is further
ORDERED that plaintiffs' Motion for Summary Judgment be, and the same hereby is, denied.
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