Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Lillian Tucker, Demetrio Carrion, Emma Carrion, Virginia Cruz, Individually and on Behalf of All Others Similarly Situated, Concerned Citizens of Hardee County, Inc. v. Anita Booth Atwood, County Supervisor for Hardee County, Florida, for the Farmers' Home Administration, Mitchell Drew, State Director in the State of Florida for the Farmers' Home Administration, and Clayton K. Yeutter, Secretary of the United States Department of Agriculture
Citations: 880 F.2d 1250; 1989 U.S. App. LEXIS 12393Docket: 88-3880
Court: Court of Appeals for the Eleventh Circuit; August 21, 1989; Federal Appellate Court
Appellants Lillian Tucker and others challenge the Farmers Home Administration (FmHA) regulations regarding affirmative fair housing marketing plans. The United States Court of Appeals for the Eleventh Circuit affirms the district court's judgment, primarily relying on the district court's opinion but elaborating on the adequacy of notice under the Administrative Procedure Act (APA). The court emphasizes that the APA requires only a description of the subjects and issues involved in proposed rulemaking, as established in prior case law. The proposed regulations, published in June 1984, indicated that private-sector brokers would only need to comply with affirmative fair housing marketing plans under specific circumstances. Appellants argue that these provisions loosen existing standards and that the proposed rules did not adequately disclose this relaxation. However, the court finds that the APA does not mandate detailed disclosure beyond a general description. The FmHA's publication included a description that adequately informed stakeholders of the changes, confirming that notice was sufficient. The court thus concludes that the FmHA met its legal obligations in the rulemaking process and affirms the lower court's decision.