United States Federal Circuit

Where the United States' own housing data conclusively establishes that HUD would have had no discretion to permit the owners to prepay their mortgages, it would have been futile for owners to file prepayment requests with HUD, making their takings claims ripe and justiciable.

Appellate Information

• Decided 09/18/2001
• Published 09/18/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Evertt C. Johnson, Jr.,Latham & Watkins, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Richard P. Bress, Leonard A. Zax, and Matthew R. Lewis.


• For Appellees:
  
• John E. Kosloske, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief was David M. Cohen, Director.   Of counsel on the brief were Carole W. Wilson, Associate General Counsel;  Angelo Aiosa, Assistant General Counsel;  and Terri L. Roman, Trial Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.