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Aponte-Rosario v. Acevedo-Vilá

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Before Torruella, Selya, and Lipez, Circuit Judges.

Plaintiff-Apellants, several residents of Las Gladiolas I and II public housing project (Las Gladiolas), appeal the district court’s grant of summary judgment in favor of several officers of the Commonwealth of Puerto Rico and the Puerto Rico Public Housing Administration (PRPHA) and the dismissal of their claims against the Department of Housing and Urban Development (HUD).*fn1 Appellants claim that in preparing and approving an application for demolition of Las Gladiolas the PRPHA and HUD violated their statutory right to resident consultation under section 1437p of the United States Housing Act of 1937, 42 U.S.C. § 1437p(a),*fn2 and their constitutional right to procedural due process under the Fifth and Fourteenth Amendments of the United States Constitution. Finally, Appellants claim that there is a genuine issue of material fact as to whether the Commonwealth abandoned upkeep of Las Gladiolas in an effort to justify the demolition of some of the buildings. After careful consideration, we affirm the district court’s dismissal of Appellants’ claims.

I. Facts and Procedural Background

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