Legal Opinion
Whitmier & Ferris Co. v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
We must determine whether Congress, in enacting the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub L 91-646, US Code, tit 42, § 4601 et seq.), intended to provide A private right of action for redress of State violations of the Federal land acquisition policies provided therein. Examination of the legislative history and applicable Federal law leads us to conclude that a limited right of action is available under section 302 of title 3 of the act (US Code, tit 42, § 4652) but that remedy is limited to actions arising under…
2Cases cited6 opinions
- Barnhart v. BrinegarDistrict Court, W.D. Missouri · 1973
- Whitman v. State Highway Commission of MissouriDistrict Court, W.D. Missouri · 1975
- United States v. 40.00 Acres of Land, More or Less, Situate in Henry CountyDistrict Court, W.D. Missouri · 1976
- City of Buffalo v. J. W. Clement Co.Appellate Division of the Supreme Court of the State of New York · 1974
- O'Brien v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by3 opinions
- State Ex Rel. Department of Transportation v. LittleSupreme Court of Oklahoma · 2004
- Ackerley Communications of Florida, Inc. v. HendersonCourt of Appeals for the Eleventh Circuit · 1989
- Ackerley Communications Of Florida, Inc. v. Kaye HendersonCourt of Appeals for the Eleventh Circuit · 1989