United States Ninth Circuit

Denial of tenants' motion to intervene in a quiet title lawsuit involving the prepayment of a Section 515 loan by owners of low-income housing is affirmed where their interests are sufficiently protected by their APA lawsuit, but summary judgment in favor of the owners and the Rural Housing Service is reversed where the district court's grant of summary judgment to the agency was based on a misapplication of the relevant law.

Appellate Information

• Decided 10/03/2006
• Published 10/03/2006

Judges

• SILVERMAN, Circuit Judge., Before HAWKINS, SILVERMAN, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Arthur Schmidt, Oregon Law Center, Portland, OR, argued the cause for the appellant.  Michelle Ryan, Oregon Law Center, was on the briefs.


• For Appellees:
  
• Robert E. Bakes, Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, ID, argued the cause for appellee DBSI. Andrew R. Gardner, Stoel Rives, Portland, OR, was on the brief., Kelly A. Zusman, Assistant United States Attorney, Portland, OR, argued the cause for appellee United States.  John Muson, Special Assistant United States Attorney, Portland, OR, was on the brief.