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Editor's Note :

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CCA Associates v. United States

Petition for certiorari denied on October 9, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1352 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Emergency Low Income Housing Preservation Act of 1987 and the Low-Income Housing Preservation and Resident Homeownership Act of 1990 effected a taking of petitioner’s property without just compensation in violation of the Fifth Amendment of the Constitution because the legislation required petitioner to house qualifying tenants for a period of years and otherwise unfairly compelled petitioner, rather than the public as a whole, to bear the societal cost of low-income housing; (2) whether the government breached its contractual obligations to petitioner when it outlawed prepayment because the prepayment right formed part of the overall agreement among petitioner, Department of Housing and Urban Development, and the lender.

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