Legal Opinion

Modoc Lassen Indian Housing Authority v. United States Department of Housing & Urban Development

Court of Appeals for the Tenth Circuit

Decided July 25, 2017No. Nos. 14-1313; 14-1331; 14-1338; 14-1340; 14-1343; 14-1407; No. 14-1484, No. 15-1060PublishedCited by 8 opinions

1Opinion of the Court

MORITZ, Circuit Judge.

These consolidated appeals arise from a government agency’s decision to recapture, via administrative offset, funds that the agency allegedly overpaid to multiple grant recipients. The grant recipients brought suit in federal court, arguing in relevant part that the agency lacked authority to recapture the funds without first providing them with administrative hearings. The district court agreed and ordered the agency to repay the grant recipients. The agency now appeals that order,1

If these underlying facts sound relatively straightforward, it’s because they are. But…

2Cases cited35 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. MitchellSupreme Court of the United States · 1980
  3. United States v. KingSupreme Court of the United States · 1969
  4. Bowen v. MassachusettsSupreme Court of the United States · 1988
  5. Morton v. RuizSupreme Court of the United States · 1974

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3Cited by8 opinions

  1. Moya v. GarciaCourt of Appeals for the Tenth Circuit · 2018
  2. Lummi Tribe of Lummi Reservation, Washington v. United StatesCourt of Appeals for the Federal Circuit · 2017
  3. Moya v. GarciaCourt of Appeals for the Tenth Circuit · 2018
  4. Calloway v. PinkneyDistrict Court, M.D. Louisiana · 2020
  5. Kansas ex rel. Kansas Department for Children & Families v. SourceAmericaCourt of Appeals for the Tenth Circuit · 2017

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