United States Federal Circuit

Dismissal of two regulatory takings cases pursuant to a finding that the claims were unripe for suit because the parties had not obtained a "final decision" from the U.S. Department of Housing and Urban Development is reversed and remanded for further findings as to evidence of "administrative futility" that would exempt plaintiffs from exhausting their administrative remedies.

Appellate Information

• Decided 03/24/2006
• Published 03/24/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harry J. Kelly, Nixon Peabody LLP, of Washington, DC, argued for plaintiffs-appellants.   Of counsel was Charles L. Edson.


• For Appellees:
  
• David Harrington, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simkin, Assistant Director.