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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.
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