Here is the opinion in Crow Tribal Housing Authority v. HUD.

From the court’s syllabus:

The panel vacated the district court’s order remanding the case to the Department of Housing and Urban Development (“HUD”) for a hearing, reversed the judgment, and remanded for judgment to be entered in favor of HUD in a case brought by the Crow Tribal Housing Authority, arising from a dispute involving Indian housing block grants made under the Native American Housing Assistance and Self-Determination Act of 1996.

The panel held that the district court erred in ruling that HUD violated Crow Housing’s right to Native American Housing Assistance and Self-Determination Act of 1996’s notice and reporting requirements under 25 U.S.C. §§ 4161 and 4165.

Specifically, the panel concluded that HUD did not act under § 4161, and accordingly, could not have violated a hearing requirement under that section. The panel further concluded that HUD’s actions triggered the opportunity for a hearing under § 4165 when it conducted an on-site review of Crow Housing in August 2004. Finally, the panel held that because Crow Housing did not request a hearing, HUD did not violate its statutory obligation under § 4165 and did not improperly deprive Crow Housing of a hearing under the facts of the case.

Briefs and materials are here.

 

Here are the briefs:

HUD Opening Brief

Crow Answer Brief

HUD Reply

Oral argument audio and video.

Lower court materials here.