United States Federal Circuit
Independence Park Apartments v. US, 05-5034, 05-5035
An award for plaintiffs, owners of rental property, in a takings case is reversed where the trial court erred in declining to consider the effects of a Los Angeles rent control ordinance in calculating the damages from the taking, and is remanded pursuant to plaintiffs' cross-appeal for recalculation of damages for plaintiffs that entered into use agreements before the passage of the Housing Opportunity Extension Act.
Appellate Information
- Decided 06/06/2006
- Published 06/06/2006
Judges
- Before MICHEL, Chief Judge, NEWMAN, and BRYSON, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Richard P. Bress, Latham & Watkins, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief were Everett C. Johnson, Jr., Leonard A. Zax, Matthew K. Roskoski; and Susan S. Azad, of Los Angeles, California.
- For Appellees:
- Mark R. Freeman, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General and Mark B. Stern, Attorney.