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CLAY TOWER APARTMENTS v. KEMP

No. 91-35370.

978 F.2d 478 (1992)

CLAY TOWER APARTMENTS, Oregon general partnership, Plaintiff-Appellant, and Harold Schnitzer, et al., Plaintiff, v. Jack KEMP, Sec. HUD, Secretary of U.S. Department of Housing & Urban Development, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1992.

Attorney(s) appearing for the Case

Jacob Tanzer, Ball, Janik & Novack, Portland, Or., for plaintiff-appellant.

Jeffrica Jenkins Lee, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before: WRIGHT, BEEZER, and LEAVY, Circuit Judges.

BEEZER, Circuit Judge:

An Oregon owner of low-income housing brought a declaratory judgment action against the United States Department of Housing & Urban Development [HUD] challenging HUD's determination that the expiration of a ten-year real property tax abatement on a "Section 8" housing project was not a basis for a special rent adjustment under 42 U.S.C. § 1437f(c)(2)(B) (1988). The partnership appeals the district court's grant of summary judgment in...

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