STRYCKER'S BAY NEIGHBORHOOD COUNCIL V. KARLEN 444 U.S. 223 (1980) CASE BRIEF

STRYCKER'S BAY NEIGHBORHOOD COUNCIL V. KARLEN

444 U.S. 223 (1980)

NATURE OF THE CASE: This was a dispute over low-income housing.

FACTS: WSURA was created to address the redevelopment of 20 square blocks in Manhattan's Upper West Side. The plan called for 70% middle-income housing and 30% low-income housing. A plan was drawn up and sites were designated. The site at issue herein was designated for middle-income housing. However, it was determined that more low income units were needed so the site was reclassified to designate the disputed site as the future location of a high rise building containing 160 low income units. HUD approved the amendments. In October 1971, the Trinity Episcopal School Corp. who had participated in the plan by building a combination school and middle-income housing development at a nearby location sued to enjoin the Commission and HUD from constructing low income housing on the site. The District Court entered judgment in favor of petitioners. The Appeals Court affirmed; HUD was not required to prepare a full-scale environmental impact statement but it also held that HUD had not studied, developed, and described appropriate alternatives to recommended courses of action. On remand HUD prepared a lengthy report entitled Special Environmental Clearance. The report conceded that it may not have studied all available alternatives. Comment was received on the report but the District Court again entered judgment in favor of petitioners. The Court of Appeals vacated and remanded again; HUD had given consideration to alternatives and that a delay of two years cannot be an overriding factor and that facts such as crowding should be given determinative weight. The Court of Appeals instructed HUD to attack the shortage of low-income housing in a manner that would avoid the concentration of such housing on the site at issue.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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