United States Federal Circuit

In a suit against HUD for breach of contract and Fifth Amendment takings claims, arising from HUD's failure to consider plaintiff's request for a rent increase, summary judgment for HUD is affirmed where: 1) a Regulatory Agreement does not expressly, nor by implication, require HUD to consider a rent increase request and, thus, HUD did not breach the agreement by not considering the request; and 2) there was no Fifth Amendment taking by HUD's failure to consider the request.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• PROST, Circuit Judge., Before LOURIE, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harry J. Kelly, Nixon Peabody LLP, of Washington, DC, argued for plaintiff-appellant., Carl A.S. Coan, III, Coan & Lyons, of Washington, DC, for amici curiae American Association for Homes and Services for the Aging et al.


• For Appellees:
  
• Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Acting Attorney General and Jeanne F. Davidson, Director.   Of counsel on the brief was Robert T. Farrell, Department of Housing and Urban Development, of Boston, Massachusetts.