United States Federal Circuit

In a suit filed under the Tucker Act by the seller of an apartment complex that had Section 8 rental subsidy agreements with the U.S. Department of Housing and Urban Development (HUD), alleging that HUD's refusal to approve the sale led to a failed transaction and a loss of $2.75 million in decreased appraisal value, the U.S. Court of Federal Claims' grant of summary judgment to the government and dismissal of plaintiff's contract claim are affirmed where the district court: 1) correctly dismissed plaintiff's breach of contract claim for lack of jurisdiction; and 2) correctly determined that the Penn Central factors do not support plaintiff's taking claim.

Appellate Information

• Published 2015/11/20

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel