· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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