United States Federal Circuit

In a Fifth Amendment regulatory takings case, the trial court erred in holding (1) that developers who voluntarily participated in HUD housing programs had no vested property rights despite their two agreements (with lenders and HUD) and despite their ownership in fee simple of the land, and (2) that if any taking occurred, it could not as a matter of law, be a compensable taking.

Appellate Information

• Decided 06/12/2003
• Published 06/12/2003

Judges

• MICHEL, Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and MICHEL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• John E. Kosloske, Senior Trial Counsel, 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.