Osher v. Land Clearance for Redevelopment Authority of St. Louis, No. 17-2401 (8th Cir. 2018)
Annotate this CasePlaintiff filed suit against defendants after the Redevelopment Authority condemned his property under its power of eminent domain, seeking to enjoin the condemnation proceedings and to obtain relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. The Eighth Circuit held that the Act did not create a private right of action against the National Geospatial-Intelligence Agency, and that plaintiff waived any challenge to the court's abstention decision. Therefore, the court affirmed the district court's decision to abstain from deciding plaintiff's claim against the Redevelopment Authority and dismissal of his claim against the Agency.
Court Description: Colloton, Author, with Arnold and Shepherd, Circuit Judges] Civil case - Uniform Relocation Assistance and Real Property Acquisition Policies Act. Plaintiff brought this action against the National Geospatial-Intelligence Agency and the St. Louis Land Clearance for Redevelopment Authority after the Authority used its power of eminent domain to condemn plaintiff's property to create a development site for the Agency's use; held, the district court properly dismissed the claims against the Agency, as the Act does not create a private right of action; plaintiff waived any challenge to the district court's decision to abstain from deciding plaintiff's claim against the Redevelopment Authority.
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