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FALLS RIVERWAY REALTY v. CITY OF NIAGARA FALLS

Nos. 211, 212, Dockets 83-6303, 83-6305.

754 F.2d 49 (1985)

FALLS RIVERWAY REALTY, INC., and Forest City Development Corp., Plaintiffs, v. The CITY OF NIAGARA FALLS, NEW YORK and Niagara Falls Urban Renewal Agency, Defendants and Third-Party Plaintiffs-Appellants, v. Samuel PIERCE, as Secretary of the United States Department of Housing and Urban Development and Joseph Monticciolo, as Regional Administrator, Region II of the United States Department of Housing and Urban Development and Richard W. Lippold as Buffalo Area Manager, Buffalo Area Office, Region II, of the United States Department of Housing and Urban Development, Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 15, 1985.

Attorney(s) appearing for the Case

Patrick J. Berrigan, Niagara Falls, N.Y., for defendant and third-party plaintiff-appellant the City of Niagara Falls, New York.

David A. Stern, Buffalo, N.Y. (Blair & Roach, Buffalo, N.Y., of counsel), for defendant and third-party plaintiff-appellant Niagara Falls Urban Renewal Agency.

Sonia C. Jaipaul, Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for third-party defendants-appellees.

Before LUMBARD, MESKILL and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

The City of Niagara Falls, New York ("City"), and the Niagara Falls Urban Renewal Agency ("URA"), third-party plaintiffs, appeal from an order entered June 6, 1983, in the United States District Court for the Western District of New York, John T. Curtin, Chief Judge. The district court dismissed the third-party complaint, which had pleaded four causes of action, on the grounds that there was no valid waiver of sovereign immunity with...

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