Arbor Bend Villas, et al v. Tarrant Cty Hsing, et

05-10572Court of Appeals for the Fifth CircuitFeb 3, 2006

Full text

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 3, 2006
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 05-10572
Summary Calendar
ARBOR BEND VILLAS HOUSING LP; PARKS RIVERPLACE HOUSING LP,
Plaintiffs-Appellants,
versus
TARRANT COUNTY HOUSING FINANCE CORPORATION; TARRANT COUNTY TEXAS,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
(4:02-CV-478)
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appellee Tarrant County Texas, joined by Appellee Tarrant
County Housing Finance Corporation, moves to dismiss this appeal as
moot. Appellant Arbor Bend Villas Housing LP concedes its
injunctive–relief claim is moot. As a result, claims and issues
have arisen that are best first resolved by the district court.
Therefore, the motion to dismiss is DENIED, and this matter is
REMANDED to the district court for such other proceedings as may be
appropriate. This court, of course, expresses no opinion on any

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claim that may be presented or considered on remand. Upon the
district court’s deciding any issues on remand, any party desiring
to appeal may do so by properly filing a notice of appeal.
MOTION TO DISMISS DENIED; INJUNCTIVE RELIEF DENIED AS MOOT;
REMANDED

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