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JER HUDSON GP XXI LLC v. DLE INVESTORS, LP

C.A. No. 2021-0478-MTZ.

275 A.3d 755 (2022)

JER HUDSON GP XXI LLC and Hudson Housing Tax Credit Fund XXI LP, Plaintiffs, v. DLE INVESTORS, LP, Defendant.

Court of Chancery of Delaware.

Date Decided: May 2, 2022.

Attorney(s) appearing for the Case

James P. Hughes , Melanie K. Sharp , Craig D. Gear , and Richard J. Thomas , YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, Delaware; Jessica Ragosta Early , Emily A. Robey-Phillips , HOLLAND & KNIGHT LLP, Boston, Massachusetts; Attorneys for Plaintiffs JER Hudson GP XXI LLC and Hudson Housing Tax Credit Fund XXI LP.

Christopher Viceconte , GIBBONS P.C., Wilmington, Delaware; Louis E. Dolan , NIXON PEABODY LLP, Washington, DC, Laura B. Bacon , NIXON PEABODY LLP, Chicago, IL; Attorneys for Defendant DLE Investors, LP.

OPINION

For over three decades, the federal government has created tax subsidies to promote the development and maintenance of affordable rental housing. Under this program, tax credits are allocated to each state, which in turn allocate the tax credits to qualified affordable housing projects. The tax credits are...

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