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R. Gordon Darby Darby Development Company Darby Realty Company Darby Management Company, Incorporated Md Investment Parkbrook Acres Associates Parkbrook Developers v. Jack Kemp, Secretary of Housing and Urban Development C. Austin Fitts, Assistant Secretary for Housing/fha Commissioner United States of America

Citations: 957 F.2d 145; 1992 U.S. App. LEXIS 2674Docket: 91-2113

Court: Court of Appeals for the Fourth Circuit; February 25, 1992; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Secretary of Housing and Urban Development (HUD) against a district court's denial of his motion to dismiss a lawsuit filed by R. Gordon Darby and his companies. Darby was debarred from HUD transactions due to violations of HUD regulations in financing multi-family housing projects. The debarment was upheld by an Administrative Law Judge (ALJ) but reduced to eighteen months. Darby filed a lawsuit claiming violations of the Administrative Procedure Act and Fifth Amendment due process rights. The district court ruled that Darby was not required to exhaust administrative remedies, citing exceptions such as futility and inadequate remedies. HUD appealed, arguing the necessity of exhaustion under 24 C.F.R. 24.314(c). The appellate court reversed the district court's decision, concluding that Darby failed to demonstrate sufficient grounds for bypassing exhaustion. It remanded the case with instructions to dismiss Darby's complaint for failure to exhaust administrative remedies, emphasizing the regulation's mandate and the importance of agency expertise in judicial review.

Legal Issues Addressed

Administrative Procedure Act and Due Process

Application: Darby claimed that the debarment violated the Administrative Procedure Act and his Fifth Amendment due process rights, but the court focused on the exhaustion requirement instead.

Reasoning: Subsequently, Darby filed a lawsuit claiming that the LDP and debarment violated the Administrative Procedure Act and his Fifth Amendment due process rights.

Agency Expertise and Judicial Review

Application: The appellate court emphasized the importance of allowing agencies to apply their expertise before judicial intervention, supporting the exhaustion requirement.

Reasoning: The court's interpretation of Holcomb indicates that even without an explicit directive for exhaustion, it is necessary as part of judicial administration principles, allowing agencies to utilize their expertise and avoid premature court intervention.

Exceptions to Exhaustion Requirement

Application: The district court considered exceptions to the exhaustion requirement but found that Darby did not provide sufficient evidence to justify bypassing it.

Reasoning: Despite the district court's consideration of these exceptions, Darby failed to provide sufficient evidence to justify bypassing the exhaustion requirement.

Exhaustion of Administrative Remedies

Application: The appellate court ruled that Darby was required to exhaust administrative remedies before seeking judicial review, aligning with the regulation's intent and legal precedents.

Reasoning: The appellate court agrees with the Secretary and reverses the district court's decision, remanding the case for further proceedings.