· 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 CourtListenerSourced 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.