CIENEGA GARDENS v. U.S.

Nos. 2006-5051, 2006-5052.

503 F.3d 1266 (2007)

CIENEGA GARDENS, Del Amo Gardens, Las Lomas Gardens, Blossom Hill Apartments, and Skyline View Gardens, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant. Chancellor Manor, Gateway Investors, Ltd., and Oak Grove Towers Associates, Plaintiffs-Appellees, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 25, 2007.


Attorney(s) appearing for the Case

Richard P. Bress, Latham & Watkins, of Washington, DC, argued for plaintiffs-appellees in 2006-5051. Of counsel on the brief were Everett C. Johnson, Jr., Leonard A. Zax, Matthew K. Roskoski, Amanda P. Biles, and Susan S. Azad, of Los Angeles, CA.

Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant in 2006-5051. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David A. Harrington, Trial Attorney. Of counsel was Michael D. Austin, Trial Attorney.

Michael E. Malamut, New England Legal Foundation, of Boston, MA, for amicus curiae in 2006-5051, New England Legal Foundation.

William L. Roberts, Faegre & Benson LLP, of Minneapolis, Minnesota, argued for plaintiffs-appellees in 2006-5052. With him on the brief were Michael F Cockson and Martin S Chester. Also on the brief were Jeff H. Eckland, Mark J. Blando, and David S. Laidig, Eckland & Blando LLP, of Minneapolis, MN. Of counsel was Jerry W. Snider, Faegre & Benson LLP, of Minneapolis, MN.

Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant in 2006-5052. With him on the brief were Peter D. Keisler, Assistant Attorney General, Brian M. Simkin, Assistant Director, David A. Harrington, Kenneth D. Woodrow, and Timothy P. McIlmail, Trial Attorneys.

Before MICHEL, Chief Judge, NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, SCHALL, GAJARSA, LINN, and DYK, Circuit Judges.


DYK, Circuit Judge.

These cases involve takings claims resulting from the enactment of the Emergency Low Income Housing Preservation Act of 1987, Pub.L. No. 100-242, § 202, 101 Stat. 1877 (1988) ("ELIHPA"), and the Low-Income Housing Preservation and Resident Homeownership Act of 1990, Pub.L. No. 101-625, 104 Stat. 4249 (1990) ("LIHPRHA"). The Court of Federal Claims held that the enactment of these statutes effected...

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