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· 2/9/2009

Normandy Apartments, Ltd. v. U.S. Department of Housing & Urban Development

Citations

  • 554 F.3d 1290
  • 2009 U.S. App. LEXIS 2341
  • 2009 WL 294359

How courts have described this case

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

  • holding that Tucker Act did not apply where plaintiff sought injunctive relief against HUD’s “attempts to terminate Housing Assistance Payments”
  • concluding that a plaintiff's claim retained significant prospective value such that its \primary object remains securing equitable relief\ even though the claim's success, \over a year after HUD ceased disbursing funds to the company\ could cause the agency to make belated payments
  • explaining that the Tucker Act impliedly forbids declaratory and injunctive relief for contract claims, but not for claims founded on the federal Constitution, statutes, or regulations
  • “The defense of sovereign immunity is jurisdictional in nature, depriving courts of subject-matter jurisdiction where applicable.”
  • “The defense of sovereign immunity is jurisdictional in nature, depriving courts of subject-matter jurisdiction where applicable.”
  • “Sovereign immunity generally shields the United States, its agencies, and its officers acting in their official capacity from suit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Baldock, McConnell

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.