Feldesman Tucker Wins Summary Judgment on Behalf of Faith-Based Homeless Mission

On December 8, 2009, Feldesman Tucker attorneys won summary judgment in the U.S. District Court for the District of Columbia on behalf of New Life Evangelistic Center, Inc., a faith-based non-profit corporation that operates services for the homeless.  New Life, based in Saint Louis, Missouri, applied under the Stewart B. McKinney Homeless Assistance Act for a grant of surplus federal property in Cape Girardeau, Missouri, to operate a proposed homelessness-assistance program.  The U.S. Department of Health and Human Services, which administers the McKinney Act grant program, denied New Life’s application.

Despite the requirement that federal courts review agency decisions with deference, Feldesman Tucker attorneys persuaded the U.S. District Court to vacate HHS’s denial, based on legal deficiencies in HHS’s review process.  The Court found that HHS had: (1) improperly faulted New Life for failing to explain how it would render health-care services as part of its proposed program, when no such requirement exists in the governing regulations; (2) improperly failed to consider evidence in New Life’s application justifying a need for a homelessness-assistance program in Cape Girardeau; and (3) erroneously concluded that New Life had not allocated sufficient funds to operate the proposed program.  The Court remanded the case to HHS for further proceedings. 

The Court’s opinion is New Life Evangelistic Center, Inc. v. Sebelius, et al., -- F. Supp. 2d. --, 2009 WL 4579730 (D.D.C. 2009).  For more information about this case, or about the Firm’s federal-grants practice, contact Ted Waters.