CIENEGA GARDENS, Claremont Village Commons, Covina West Apartments, Del Amo Gardens, Del Vista Village, Desoto Gardens, Las Lomas Gardens, Oxford Park, Parthenia Townhomes, Pioneer Gardens, Puente Park Apartments, Rayen Park Apartments, Reseda Park Apartments, Roscoe Park Apartments, San Jose Gardens, Sunland Park Apartments, Kittridge Gardens I, Kittridge Gardens II, Argonaut Apartments, Beck Park Apartments, Blossom Hill Apartments, Casa San Pablo, Central Park Apartments, Drehmoor Apartments, Fairview Green Apartments, Genessee Park Apartments, Grace & Laughter Apartments, Green Hotel, Hollywood Knickerbocker Apartments, Hollywood Plaza, Kings Canyon Apartments, Lawrence Road Apartments, Livermore Gardens, Palo Alto Gardens, Placita Garden Apartments, Skyline View Gardens, Villa Fontana and Village Green, Plaintiffs, and
Sherman Park Apartments, Independence Park Apartments, Pico Plaza Apartments and St. Andrews Gardens, Plaintiffs Cross-Appellants,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
December 7, 1998.
December 7, 1998.
Attorney(s) appearing for the Case
Everett C. Johnson, Jr., Latham & Watkins, Washington, DC, argued for plaintiffs cross-appellants. With him on the brief were Richard P. Bress, Leonard A. Zax, Washington, DC; and Susan S. Azad, Los Angeles, California.
John E. Kosloske, Senior Trial Counsel, Commercial litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Carole W. Wilson, Associate General Counsel, Angelo Aiosa, Assistant General Counsel, and Kathleen Burtschi, Attorney, Litigation Division, Office of General Counsel, Department of Housing and Urban Development, Washington, DC.
Susan Hegal, Cambridge and Somerville Legal Services, Cambridge, Massachusetts, for amicus curiae Cambridge Economic Opportunity, Inc. Margaret F. Turner, Greater Boston Legal Services, Boston, Massachusetts, for amicus curiae Boston Affordable Housing Coalition, Inc. James R. Grow, National Housing Law Project, Oakland, California, for amicus curiae National Alliance of HUD Tenants, Inc. Roderick T. Field, Los Angeles Housing Law Project, Los Angeles, California, for amicus curiae Inquilinos Unidos. Chancela Al-Mansour and R. Mona Tawatao, San Fernando Valley Neighborhood Legal Services, Pacoima, California, for amicus curiae Valley Pride Village Tenants Association. Andrew Scherer, Legal Services for New York City, Legal Support Unit, New York City, for amici curiae Community Training and Resource Center, Inc., et al. Edward J. Elsner, Bet Tzedek Legal Services, North Hollywood, California, for amicus curiae Victoria Cohen.
Jeff H. Eckland, Faegre & Benson LLP, Minneapolis, Minnesota, for amici curiae Apache Apartments of Owatonna, et al. With him on the brief were R. Carl Moy and William L. Roberts.
Joel Martin Levy, Staff Attorney, and Anthony A. Trendacosta, General Counsel, Santa Monica, California, for amicus curiae Santa Monica Rent Control Board. James K. Hahn, City Attorney, Claudia McGee Henry, Senior Assistant City Attorney, and Sharon Siedorf Cardenas, Assistant City Attorney, Los Angeles, California for amicus curiae City of Los Angeles. Louise H. Renne, City Attorney, Teresa L. Stricker-Croley, Deputy City Attorney, and Leslie B. Trutner, Deputy City Attorney, San Francisco, California, for amicus curiae City and County of San Francisco.
Before MAYER, Chief Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.
United States Court of Appeals, Federal Circuit.
Opinion for the Court filed by Circuit Judge SCHALL. Dissenting opinion filed by Senior Circuit Judge ARCHER.
SCHALL, Circuit Judge.
The United States appeals from the judgment of the United States Court of Federal Claims in a case arising out of contracts for the construction, financing, and regulation of low-income housing. Cienega Gardens v. United States, No. 94-1 C (Fed. Cl. June 18, 1997). The court ruled, on summary judgment, that the enactment...
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