United States Federal Circuit

In cases involve takings claims arising from the enactment of the Emergency Low Income Housing Preservation Act (ELIHPA) and the Low-Income Housing Preservation and Resident Homeownership Act (LIHPRHA), a judgment holding that the enactment of those statutes effected a taking is vacated and remanded where the Court of Federal Claims erred as a matter of law in certain respects in finding that certain restrictions imposed by LIHPRHA resulted in a taking.

Appellate Information

• Decided 09/25/2007
• Published 09/25/2007

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, SCHALL, GAJARSA, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael E. Malamut, New England Legal Foundation, of Boston, MA, for amicus curiae in 2006-5051, New England Legal Foundation.


• For Appellees:
  
• Richard P. Bress, Latham & Watkins, of Washington, DC, argued for plaintiffs-appellees in 2006-5051.   Of counsel on the brief were Everett C. Johnson, Jr., Leonard A. Zax, Matthew K. Roskoski, Amanda P. Biles, and Susan S. Azad, of Los Angeles, CA., Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant in 2006-5051.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David A. Harrington, Trial Attorney.   Of counsel was Michael D. Austin, Trial Attorney., William L. Roberts, Faegre & Benson LLP, of Minneapolis, Minnesota, argued for plaintiffs-appellees in 2006-5052.   With him on the brief were Michael F Cockson and Martin S Chester.   Also on the brief were Jeff H. Eckland, Mark J. Blando, and David S. Laidig, Eckland & Blando LLP, of Minneapolis, MN. Of counsel was Jerry W. Snider, Faegre & Benson LLP, of Minneapolis, MN., Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant in 2006-5052.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Brian M. Simkin, Assistant Director, David A. Harrington, Kenneth D. Woodrow, and Timothy P. McIlmail, Trial Attorneys.