# Homer Clary v. Daryl Mabee, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development (Hud) and Hud

> Court of Appeals for the Ninth Circuit · July 6, 1983 · 709 F.2d 1307

URL: https://www.frixlaw.com/law-library/cases/9470765

## Case

- **Full name:** Homer CLARY, Plaintiff-Appellant, v. Daryl MABEE, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development (HUD) and HUD, Defendants-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** July 6, 1983
- **Citations:** 709 F.2d 1307; 1983 U.S. App. LEXIS 26054
- **Precedential status:** Published
- **Opinion:** Concurrence by Wallace
- **Judges:** Wallace, Anderson, Schroeder
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9470765

## How later opinions describe it (automated extraction)

- holding, in a pre-Wright case, that the Brooke Amendment requires that “[w]hen tenants pay their own utility bills [to third parties] ... their rental obligation to the owner must be adjusted”

## Opinion text

WALLACE, Circuit Judge,
concurring:
I concur that the judgment of the district court should be affirmed but do so on the basis that the issue involved in this case is beyond judicial review. Although the question is not free from doubt, it seems to me that Congress intended the ultimate decision-making authority in this area to be the administrative agency rather than the courts. See Frakes v. Pierce, 700 F.2d 501 (9th Cir.1983).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9470765. Public record. Not legal advice.