FEDERAL HOUSING PARTNERS IV v. CISNEROS

No. 94-1416.

55 F.3d 362 (1995)

FEDERAL HOUSING PARTNERS IV, an Iowa Limited Partnership; Sunflower Plaza Tower Company, a Kansas Corporation; Ridgeway Associates, an Iowa Limited Partnership; Waterloo Properties, an Iowa Limited Partnership; Cedar Falls Associates, an Iowa Limited Partnership; Crossroads Properties, an Iowa Limited Partnership; Federal Housing Partners II, an Iowa Limited Partnership; Chamber of Commerce of Sioux City, Iowa, an Iowa Non-Profit Corporation; Goodwill Industries of Sioux City, an Iowa Non-Profit Corporation; Klinger Properties, Inc., an Iowa Corporation; Edmond J. Nauenburg; Betty L. Nauenburg; Buffalo Associates, a Minnesota Partnership; Planned Investment 83-1, a Minnesota General Partnership; Planned Investment 84-1, a Minnesota General Partnership; Planned Investment 86-1, a Minnesota General Partnership; Planned Investment 86-2, a Minnesota Partnership; Planned Investment 85-2, Ivanhoe, a Minnesota Limited Partnership; Planned Investment 85-1, Liechfield, a Minnesota Limited Partnership; M.F. Hendricks; Hyde Park Housing Partnership, a Missouri Limited Partnership; Angeline St. Mary's Partners, an Iowa Limited Partnership; Ernest J. Gregoire; Prairie View Associates, a North Dakota Partnership; Prairie View II, a North Dakota Limited Partnership; Jerry L. Meide; Jamestown Plumbing and Heating, a North Dakota Corporation; Warren Gallagher; Lois Gallagher; Frank Gallagher; Eleanor Gallagher; Michael Gallagher; Marlys Gallagher; Frank W. Gallagher; Arbor Terrace Apartments, Ltd., an Iowa Limited Partnership; The Meadow Apartments, Ltd., an Iowa Limited Partnership; Regency Five Apartments, an Iowa Partnership; Bergangreen Apartments, Ltd., an Iowa Limited Partnership; Pioneer House, Ltd., a Missouri Limited Partnership; Oakwood Terrace, Ltd., a Missouri Limited Partnership; North Valley Townhomes, Ltd., a Missouri Limited Partnership; Green Oaks Estates, Ltd., a Missouri Limited Partnership; Columbia Square East; Columbia Square South; University Square; Lane Apartments, Ltd., a Missouri Limited Partnership; Branson Manor, Ltd., a Missouri Limited Partnership; Brookfield Village, Ltd., a Missouri Limited Partnership; Princeton Manor, Ltd., a Missouri Limited Partnership; Prairie Plains, Ltd., a Missouri Limited Partnership; Willow Creek, Ltd., a Missouri Limited Partnership; Countryclub Tower, L.P., a Kansas Limited Partnership; Eldon Properties, Ltd., a Missouri Limited Partnership; Highland Meadows of Kansas, L.P., a Kansas Limited Partnership; Crestview Village, Ltd., a Missouri Limited Partnership; Autumn Park of Cherokee, an Iowa Corporation; Autumn Park of Iowa City, an Iowa Partnership; Autumn Park of Charton, an Iowa Partnership; Autumn Park of Washington, an Iowa Limited Partnership; Valley View of Cherokee, an Iowa Partnership; Prairie View Townhomes of North Platte, Ltd., a Nebraska Limited Partnership; Valley View of Spirit Lake, an Iowa Partnership; Platteview Associates, a Nebraska Partnership; Autumn Park of Sheldon, an Iowa Partnership; Autumn Park; Autumn Park of South Sioux City, a Nebraska Partnership; Autumn Park of Hastings, a Nebraska Partnership; Autumn Park of Mason City, an Iowa Partnership; McPherson Apartments Company, a Kansas Corporation; Shadyway Plaza Company, a Kansas Corporation; West Park Tower Company, a Kansas Corporation; Sunflower Plaza Tower Company, a Kansas Corporation; Summerset Plaza Tower Company, a Kansas Corporation; Prairie Villa Company, a Kansas Corporation; Peachtree Plaza Tower Company, a Kansas Corporation; Park Plaza Tower Company, a Kansas Corporation; Gordy Square Apartments Company, a Kansas Corporation; Heritage House Apartments Company, a Kansas Corporation, Plaintiffs-Appellants, United Keetowah Associates, Ltd.; Cape Lacroix II, a Missouri Limited Partnership; 17th Place Associates, an Illinois Limited Partnership; Cardinal Apartment, Inc.; Crescent Arms Associates; Nowata Gardens Apartment of Chickasha, Oklahoma, Inc.; Western Village Apartments, Ltd.; Forest Glen Estates, Inc.; Castle Gardens Charitable Trust; The Atlantis Apartment, Inc.; Clyde B. Goldsmith; Bernard L. Lifshutz; Southwood Patio Homes; Feliciana, a Louisiana Partnership in Commendam; Concordia Limited Partnership; Alouette Limited Partnership; Tangi Village Limited Partnership; 3433 Tulane Avenue, a Louisiana Partnership in Commendam; Forest Towers, Oklahoma, a California Non-Profit Corporation; College Apartments, Inc.; Yale Village Charitable Trust; Sierra Manor, Inc.; Sunset Towers, Inc.; Highland Park, Inc.; Gulfway Terrace, Incorporated; Robert W. Green; Hoover & Hoover, Ltd.; Hoover Development, Ltd.; Better Housing, Inc.; Lipton Properties III, Ltd.; Tower Oaks Partnership; Robert W. Price, Sr.; Ted W. Price, Sr.; Ted W. Price, Jr.; Sasa Limited Partnership; Allen Market Lane Apartments Associates, a Missouri Limited Partnership; Blair School Apartment Associates; Hamilton Development Associates; Lindell Plaza Redevelopment Corporation; Minerva Place Apartments Associates, a Limited Partnership; O'Fallon Place Limited Partnership; O'Fallon Place Limited Partnership, Phase II; O'Fallon Place Limited Partnership, Phase III; Revive 103 Associates; West End Apartments Associates; Madison Village, Ltd.; Arthur P. Gorman; Robert H. Gardner; Vicksburg Village Limited; Ashley House Associates; Hyatt Manor Limited; Valley High Associates; Algood Manor, Ltd.; Kanis Properties, Ltd.; Asheboro Properties, Inc.; Athens Properties, Ltd.; Bon Air Associates; Bridge Creek Properties, Inc.; Brooksfield Properties, Ltd.; Calhoun Properties, Ltd.; Cartersville Properties, Inc.; Lakeview Properties, Ltd.; Columbia Properties, Ltd.; Cumberland Properties, Ltd.; Dunlap Properties, Ltd.; Eastman Properties, Inc.; Fayetteville Properties, Ltd.; Forest Creek Properties, Inc.; Forsythe Properties, Ltd.; Greenwood Properties, Ltd.; Lafollette Properties, Ltd.; Loudon Properties, Ltd.; Macon Properties, Ltd.; Manning Properties, Ltd.; Mauldin Properties, Ltd.; Fitzgerald Housing Assoc., Ltd.; North August Properties, Ltd.; Park Lake Properties, Ltd.; Pebblebrook Properties, Ltd.; Pendleton Properties, Inc.; Pickens Properties, Ltd.; Raleigh Properties, Ltd.; Richmond Properties, Ltd.; Riverside Properties, Ltd.; Idlewild Properties, Ltd.; Seneca Properties, Ltd.; Sneedville Properties, Ltd.; Thomaston Properties, Ltd.; Waynesboro Properties, Ltd.; Winston Properties, Inc.; Azalea Woods, Ltd.; Marshall Arms Associates, Ltd.; Virgil Eisenbiez; Lynn Oak Court Company; Cimarron Group, Inc.; Eastbrook, Ltd.; Payne Lincoln Properties; Fox Ridge Cooperative Townhouses, Inc.; Cody Plaza, a Kansas Limited Partnership; Sullivan Hall Housing Partnership, a Missouri Limited Partnership; Friendship Man Housing Partnership, a Missouri Limited Partnership; Massey Park Housing Partnership, a Missouri Limited Partnership; Northlawn Gardens Limited Dividend Housing Association, a Michigan Limited Partnership; Alabama Baptist Retirement Center, doing business as Clara Verner Towers Apartments; Lakeview Apartments, Ltd.; Logan Apartments, Ltd.; Knights Manor, Inc.; Leslie E. Salone, doing business as Universal Management; CMD Associates, Michigan Co-Partnership, doing business as JG Properties; Veard Ottowa, Inc.; Veard Gassaway, Ltd.; Homes Cases, Inc.; Waterside Estates; Lakeview Estates, Ltd.; Terrill Commons, Ltd.; Veard Parsons, Ltd.; River Hill Limited; Terraced Park Limited; Princeton Park Apartments, Ltd.; Barron Builders and Management Company; Taven Apartments, a Limited Partnership; Columbia Apartments; Garden City Apartments Limited; Centrex North Redevelopment Corporation; Paul Tipps Enterprises # 1; Holden House Associates, an Ohio Ltd. Partnership; Urban Properties No. 2, also known as Holt Manor; Fairwood Manor Development Company; East Mall Associates; Casco Associates; Urban Properties # 1; Paul Tipps Enterprises # 2; Carpenter's Associates; Paul Tipps Enterprises # 4; Belton Garden Associates; Blacherne Associates; Anthony Arms Associates; Academy Associates; Federal American Properties; Liberty Park Development Company; Logan Hill Assoc.; Meadow Village, Ltd.; Parkview Place Company; Penn Circle Tower Development Company; Jasper Housing Development Company; Savoy Hoosier Associates; Southern Oaks Apartments, Inc.; Baytown Urban Development, Ltd.; Weyerbacher Terrace Associates; Henry Fredricks; Cane Gardens Ltd. Partnership; Princeton Park, Ltd.; River Hill, Ltd.; Country Meadows Apartments; Terrace Park, Ltd.; F.L. Richards; Sanders Heights Apts., an Oklahoma Limited Partnership; Village Dulac, Inc.; National Church Residences of Buffalo, NY; National Church Residences of Baltimore; National Church Residences of Middletown; National Church Residences of Gahanna; National Church Residences of Sharpsburg, Pennsylvania, Inc.; National Church Residences of Ceredo, West Virginia, Inc.; National Church Residences of Bristol Village; West Virginia Homes, Inc.; George Maharg; Jaycom Charitable Trust; Robert Pesa; Patterson Apartments, a Michigan Partnership; Branchwood Assoc. of Hardeeville; Baytree Associates of Ridgeland; Cambridge Association of Lamar; Spruce Pines Associates of Landrum; Tall Pines Associates of Loris; Walterboro Village Associates; Willow Oaks Associates of Cowpens; Amberly Apartments Associates; Eastpointe Apartments Associates; Ashwood Apartments Associates; Southfield Townhouses Associates; Kettering Square Apartments Associates; Woodview Manor Associates; Southmoor Associates; Lincoln Hills Development Corporation; Joseph Herzig; Barbara Herzig; Barton House LDHA; Elizabeth Arms Limited Partnership; Broad River Limited Partnership; Parkwood South Limited Partnership; Bethlehem Village Limited Partnership; Profit Hills Limited Partnership; Whitney Young Terrace Limited Partnership; National Church Residences of Chillicothe, Ohio; Roth-Helfman Associates, Ltd., a Michigan Partnership, Intervenors-Appellants, v. Henry G. CISNEROS, Secretary of the United States Department of Housing and Urban Development, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1995.


Attorney(s) appearing for the Case

Warren J. Daheim, Tacoma, WA, argued (Donald W. Hanford appeared on the brief), for appellants.

Larry Derryberry and George W. Velotta, II, Oklahoma City, OK, on the brief, for intervenors/appellants.

Sushma Soni, Dept. of Justice, Washington, DC, argued (Douglas N. Letter, John W. Herold, Howard M. Schmeltzer, and Barton Shapiro, on the brief), for defendant/appellees.

Before BEAM, Circuit Judge, CAMPBELL, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

The issue in this action is whether landlords to whom the government paid subsidies were entitled to automatic rental adjustments, even if market studies showed that such adjustments resulted in rents higher than those in the local market. In light of Cisneros v. Alpine Ridge Group, ___ U.S. ___, 113 S.Ct. 1898, 123 L.Ed.2d 572 (1993), we conclude that they are not so entitled and affirm the district court.

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