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ST. MARKS PLACE HOUSING v. U.S. DEPT. OF HOUSING

No. 09-5257.

610 F.3d 75 (2010)

ST. MARKS PLACE HOUSING COMPANY, INC., et al., Appellants v. UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT and Shaun L.S. Donovan, as Secretary of the United States Department of Housing and Urban Development, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2010.

Attorney(s) appearing for the Case

Stephen B. Meister argued the cause and filed the briefs for appellants.

Henry C. Whitaker, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ronald C. Machen Jr., U.S. Attorney, and Michael S. Raab, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Circuit Judge HENDERSON concurs in the judgment.

TATEL, Circuit Judge:

Appellants, the current owners and prospective buyers of an affordable housing complex, seek to prepay the project's federally insured mortgage. The Department of Housing and Urban Development interpreted the mortgage to require its approval for prepayment and then conditioned that approval on the parties agreeing to maintain the property as affordable housing. Appellants challenge this decision, contending that HUD regulations prohibit the Department...

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