Lowell
Lowell v. SECRETARY OF DEPT. OF HOUSING, ETC.
Opinion
Opinion
Conti, J.
ORDER
Plaintiffs Arwin and Mary Lowell, owners of a business known as the House of Cheese, bring suit for judicial review of agency action and declaratory relief against defendants Secretary of the Department of Housing and Urban Development and the City of San Jose. Plaintiffs generally contend that they were improperly denied relocation assistance benefits when in anticipation of a proposed redevelopment project they relocated their business to premises outside the proposed project area. Plaintiffs rest the major portion of their case on an argument that HUD regulations are arbitrary and capricious and contrary to Congressional intent as expressed in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., in that the regulations define “displaced persons” entitled to benefits as persons who move from real property on or after the execution of a federal contract for the project or on or after HUD approval of the project budget. See 26 C.F.R. § 42.55 (b) (May 13, 1971).
FACTS
It is undisputed that plaintiffs relocated their business prior either to the execution of the project contract or approval of the project budget,…