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· 8/18/2005

Charleston Housing Authority v. United States Department of Agriculture

Citations

  • 419 F.3d 729
  • 2005 WL 1981310

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reasoning that “[p]ermitting a Section 515 debtor who has made substantial prepayments to label a final payment thirty years prior to the original maturity date as anything other than a prepayment would be to elevate technical form over sub- stance”
  • \The possibility of this recurrence is not so remote or speculative that our jurisdiction is lacking\
  • owner’s decision to discontinue Section 8 subsidies, prepay mortgage, and demolish building would have been illegal as resulting in disparate impact on existing and prospective African-American tenants
  • “Questions of mootness are matters of subject matter jurisdiction that we review de novo.”
  • “To succeed on a claim of equitable estoppel against the government, a plaintiff must not only prove all the elements of equitable estoppel, but also that the government committed affirmative misconduct.”
  • “Because the Housing Authority did not raise the issue, and because the question of whether a statute creates a private right of action is not a question of subject matter jurisdiction, we need not determine whether such a right exists.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Bright, Melloy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.