Case Note: Transportation Law - Urban Mass Transportation Act - The Absence of Statutory Provisions Relating to Standing and Judicial Review Does Not Preclude a Claimant from Seeking Relief in Federal Court

Abstract

This case note by Terry L. Barnich analyzes the Seventh Circuit\u27s decision in Bradford School Bus Transit, Inc. v. Chicago Transit Authority, 537 F.2d 943 (7th Cir. 1976), cert denied, 97 S. Ct. 797 (1977). The plaintiff, a private bus company, sought a declaration that the Chicago Transit Authority violated section 1602(a) of the Urban Mass Transportation Act when it competed with the private bus line for a contract with the Chicago Board of Education. The United States District Court for the Northern District of Illinois declared that the plaintiff lacked standing under the Act and dismissed the complaint. The Seventh Circuit held that plaintiff had sufficient standing to sue under the Act. It concluded that plaintiff had adequately alleged an unjust injury due to agency action, and had sufficiently demonstrated that its interests were protected by the Act\u27s relevant provision. Nevertheless, it refused to review the administrative action because complaint procedures and remedies were available and plaintiff was required to exhaust those administrative remedies