Tyler
Tyler v. Cuomo
Opinion
Lead Opinion
Tashima, J.
For the second time, this case is before us for the resolution of justiciability issues. Following remand from this court, the district court dismissed the action for the second time for lack of Article III standing. Plaintiffs, who are homeowners in *1128 San Francisco’s Mission District (“Homeowners” or “plaintiffs”), again appeal.
Homeowners brought this action against defendants, United States Department of Housing and Urban Development (“HUD”), the City and County of San Francisco (the “City”), Mission Housing Development Corporation (“Mission Housing”), and 1010 SVN Associates (collectively “defendants”), challenging the award of federal funding for construction of a four-story, low-income housing project in their neighborhood. Homeowners alleged that defendants had violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332 (2)(C), and § 106 of the National Historic Preservation Act (“NHPA”), 16 U.S.C. § 470f. On this appeal, Homeowners contend that defendants failed to comply with certain of the stipulations in a Memorandum of Agreement (“MOA”), entered into pursuant to the statutory scheme. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the…