In re: Upset Sale, TCB of Tioga County ~ Appeal of: M.J. Ostapowicz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 5 U.S.C. App. II § 505(b)(3) is non- justiciable, while holding that regulation implementing id. § 505(b)(2) is justiciable
• considering appeal under Rule 12(b)(1) standards because grounds relied upon by district court were jurisdictional
• looking to agency regulations for legal standard where controlling statutes “are silent” on the standard to apply in reviewing the agency’s action
• stating that standing is jurisdictional
• analyzing standing question under Rule 12(b)(1)

Source: CourtListener parenthetical corpus (CC0).