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NBC-USA HOUSING, INC., TWENTY-SIX v. DONOVAN

No. 11-5116.

674 F.3d 869 (2012)

NBC-USA HOUSING, INC., TWENTY-SIX, Appellant v. Shaun DONOVAN, in his Capacity as Secretary of the Department of Housing and Urban Development and Roy S. Lilley, in his Capacity as Foreclosure Commissioner for the Department of Housing and Urban Development, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 2012.

Attorney(s) appearing for the Case

Scott W. Reid argued the cause for appellant. With him on the briefs were Robert K. Magovern and Dexter R. Hamilton.

David C. Rybicki , Assistant U.S. Attorney, argued the cause for federal appellees. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Before: HENDERSON, ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This is an appeal from the denial of declaratory and injunctive relief against the foreclosure sale of Fortner Manor, an apartment complex for elderly and disabled low-income residents, by the Department of Housing and Urban Development ("HUD"). The complex, funded under Section 811 of the Cranston-Gonzalez National Affordable Housing Act ("Section 811"), 42 U.S.C. § 8013 (2006), was...

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