ISADORE M. GUDELSKY ET AL., APPELLANTS,
v.
SAMUEL SPENCER ET AL., APPELLEES
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The court held that the issue of whether a public hearing was required for the initial designation became moot after the Commissioners rescinded that action and took a new, preliminary step that did not require a hearing.
Landowners sued to enjoin the Commissioners from designating an urban renewal project area, alleging no public hearing was held. The Commissioners lat…
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PER CURIAM.
Appellants as land owners within a certain area in the District of Columbia sued to enjoin appellees, the Commissioners of the District of Columbia, from designating that area as “The George Washington University Urban Renewal Project Area.” The basis on which the injunction was sought was that no public hearing had been held to enable the Commissioners to make the designation.1 The challenged action of the Commissioners was taken at a meeting held January 20, 1956, followed by the filing of the suit February 16, 1956.
On March 6, 1956, the Commissioners formally rescinded their action of January 20, 1956, insofar as it was inconsistent with their action of March 6, 1956. The latter action did not constitute a designation of a project area within the meaning of the statute, but was limited to preliminary steps for the purpose of obtaining funds frbm the Administrator of the Housing and Home Finance Agency to conduct surveys and studies in the general area involved. Such action was not required to be preceded by a public hearing.
Assuming arguendo that the “designation” of January 20, 1956, was invalid unless preceded by a public hearing, a question we need not decide, it was rescinded and superseded March 6, 1956, by action which required no such hearing. The question of necessity for a public hearing antecedent to the action of January 20, 1956, accordingly became moot.
The District Court on motion of the appellees granted summary judgment in their favor. We are precluded from reviewing the question involved because it has become moot. The appropriate procedure in these circumstances is to di rect that the judgment in favor of appellees be vacated and the case remanded to the District Court to dismiss the complaint. Cf. Amalgamated Ass’n of Street, Electric Railway & Motor Coach Employees, etc. v. Wisconsin Employment Relations Board, 340 U.S. 416, 71 S.Ct. 373, 95 L.Ed. 389; National Bible Knowledge Association v. Dumont Broadcasting Corp., 99 U.S.App.D.C. 254, 239 F. 2d 74.
It is so ordered.
. Appellants contend § 5-705(b) (1), D.C.Code 1951 requires such a hearing.
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- Amalgamated Ass'n OF St. v. Wis. Emp. Relations Bd., 340 U.S. 416 (U.S. 1951)
- Nat'l Bible Knowledge Ass'n, Inc. v. Dumont Broad. Corp., 239 F.2d 74 (D.C. Cir. 1956)