Legal Opinion
City of Sacramento v. Secretary of Housing & Urban Development
District Court, E.D. California
Decided May 22, 1972No. Civ. S-2373PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MacBRIDE, Chief Judge.
This action is an attempt by the City of Sacramento to condemn real property held in the name of the Secretary of Housing and Urban Development. Although it was originally filed in Sacramento County Superior Court, the Secretary removed it here under 28 U.S.C. § 1442(a) and immediately moved to dismiss it on the ground of sovereign immunity. Contending that it was illegally removed, the City filed a cross-motion to remand the action to the state tribunal. For reasons to be explained, I have determined that the doctrine of sovereign immunity does…
2Cases cited4 opinions
- Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
- Minnesota v. United StatesSupreme Court of the United States · 1939
- Riordan v. FergusonCourt of Appeals for the Second Circuit · 1945
- Utah Power & Light Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1915
3Cited by9 opinions
- Esp Fidelity Corporation v. Department of Housing and Urban DevelopmentCourt of Appeals for the Ninth Circuit · 1975
- KCPO Employees Credit Union v. MitchellDistrict Court, W.D. Missouri · 1976
- Griffin v. HarrisDistrict Court, E.D. Pennsylvania · 1979
- City of Rockford v. Secretary of Housing & Urban DevelopmentDistrict Court, N.D. Illinois · 1975
- Fairchild Corp. v. Metropolitan Washington Airports AuthorityLoudoun County Circuit Court · 1999
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