United States Federal Circuit

A petition for rehearing challenging a valuation analysis as applied to low-income housing providers' takings claims is granted in part for purposes of supplementing the opinion, but otherwise denied over the government's claim that the decision effectively used a voluntary contractual agreement to extend the period of the taking of plaintiffs' mortgage prepayment rights beyond the date of the Housing Opportunity Program Extension Act, which restored prepayment rights that had been taken away by earlier legislation.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

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.