Greenbrier, Woodlake Village Partnership, Colonial Terrace Apartments, Ltd., First… v. United States

Note: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-5100
GREENBRIER, WOODLAKE VILLAGE PARTNERSHIP, COLONIAL TERRACE
APARTMENTS, LTD., FIRST BUENA VIDA, LTD., FIRST FAIRMONT TERRACE,
LTD., FIRST FAIRMONT II, LTD., FIRST PLAZA DORADO LIMITED PARTNERSHIP,
FIRST PLAZA HILLS EAST LIMITED PARTNERSHIP, HILLCREST APARTMENTS,
LTD., JACKSON MANOR APARTMENTS, LTD., C.A. HOBBS, JR., LAURYCE G.
HOBBS, CHARLES L. ADRIAN, HUGH V. HUGH V. SMITH ENTERPRISES, INC.,
SOUTHBROOK GARDEN APARTMENTS, LTD., and SUGAR GROVE SQUARE, LTD.,
Plaintiffs,
and
5000 SOUTH HAMPTON TERRACE, AMERICAN RIVER LIMITED PARTNERSHIP,
ASPEN MANOR, LIMITED PARTNERSHIP, BAYSIDE VILLAGE APARTMENTS, BEAR
MOUNTAIN VILLAGE, LIMITED PARTNERSHIP, BROADWAY APARTMENTS, BULLOCKS
POINT ASSOCIATES, CALIFORNIA PROPERTIES-AGUILAR, CALIFORNIA
PROPERTIES-GARDENS, CALFORNIA PROPERTIES-LEISURE LIFE, CALIFORNIA
PROPERTIES-VILLAGES, CAMELOT NORTH COMPANY, CAMELOT SOUTH COMPANY,
CANYON APARTMENTS COMPANY, CARRIER ARMS APARTMENTS, LTD., CASCADE
TERRACE LIMITED PARTNERSHIP, CHURCHLAND SQUARE APARTMENTS,
COTTONWOOD MANOR COMPANY, DUARTE MANOR ASSOCIATES, DUNDALE
SQUARE, EAST GREEN HILLS APARTMENTS, LTD., EL CAPITAN APARTMENTS, LTD.,
ELLENDALE ARMS APARTMENTS, ESCONDIDO PARK APARTMENTS, ESTATE OF
DANIEL E. FOLEY, FIRST BROOKWOOD, LTD., FIRST PARKWOOD LIMITED
PARTNERSHIP, FIRST VILLAGE WEST LIMITED PARTNERSHIP, FOOTHILL GARDENS
LIMITED PARTNERSHIP, GARLAND GARDENS, LTD., GREENWOOD GARDENS
ASSOCIATES, HAPPY VALLEY VILLA, HARBORVIEW TOWERS ASSOCIATES,
HARPERS SQUARE APARTMENTS, HENDERSON INC., HIGH HOUSE VILLAGE
APARTMENTS, LTD., HOLLISTER PLAZA LIMITED, HOLLYWOOD EAST APARTMENTS,
LTD., HOUSTON HOMES #1 LTD., IMPERIAL VILLAGE APARTMENTS, JOHN KNOX,
KPKA GREENLAKES CO., L.A. PRO III APARTMENTS, L.A. PRO VII APARTMENTS, LTD.,
L.A. PRO XXXII APARTMENTS, LTD., LA VERNE TERRACE LIMITED PARTNERSHIP,
LAKE VILLAGE, LAUREL CANYON TERRACE, LEIGH ANN APARTMENTS, LTD.,
MAYFLOWER VILLAGE ASSOCIATES, MEYLER PARK APARTMENTS, MID CITY
APARTMENTS LTD., MIDTOWN APARTMENTS LTD., MILLER AVENUE APARTMENTS,
NAPA PARK LTD., NELD NORTH APARTMENTS LTD.,

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ONTARIO TOWNHOUSES, PALMDALIA LIMITED PARTNERSHIP, QUEEN ANN
INVESTMENT COMPANY, REALTY PARTNERS PROP. LTD., ROLLING GREEN
ASSOCIATES, ROLLING MEADOWS, LTD., ROSE GARDENS HOUSING LIMITED
PARTNERSHIP, SANTA CLARA TERRACE COMPANY, SECOND LAKE VILLAGE,
SHERIDAN EAST VILLA, SHERIDAN MANOR, SHERIDAN SOUTH VILLA, SHERIDAN
WEST VILLA, SKYLINE FOX HOLLOW JOINT VENTURE, SOUTH PARK APARTMENTS,
LTD., SOUTHSIDE VILLAGE APARTMENTS, LTD., TEMPE APARTMENTS, A LIMITED
PARTNERSHIP, TEMPE GARDEN I, THE VILLAGES, LTD., TRASK LIMITED
PARTNERSHIP, TURNER INVESTMENTS LTD., UNIVERSITY GARDENS APARTMENTS,
LTD., VACAVILLE PARK APARTMENTS, VERNAL HOUSING LIMITED PARTNERSHIP,
VILLA CAPRI LIMITED PARTNERSHIP, WALNUT MANOR LTD., WEST ARMS LIMITED
PARTNERSHIP, and WESTSIDE APARTMENTS LTD.,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
Gregory T. Jaeger, Marzulla & Marzulla, of Washington, DC, argued for plaintiffs-
appellants. With him on the brief were Nancie G. Marzulla and Roger J. Marzulla.
Brian M. Simkin, Assistant Director, Commercial Litigation Branch, Civil Division,
United States Department of Justice, of Washington, DC, argued for defendant-
appellee. With him on the brief were and Peter D. Keisler, Assistant Attorney General,
Jeanne E. Davidson, Director.
Appealed from: United States Court of Federal Claims
Senior Judge James F. Merow

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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-5100
GREENBRIER, WOODLAKE VILLAGE PARTNERSHIP, COLONIAL TERRACE
APARTMENTS, LTD., FIRST BUENA VIDA, LTO., FIRST FAIRMONT TERRACE,
LTD, FIRST FAIRMONT II, LTD., FIRST PLAZA DORADO LIMITED PARTNERSHIP,
FIRST PLAZA HILLS EAST LIMITED PARTNERSHIP, HILLCREST APARTMENTS,
LTD, JACKSON MANOR APARTMENTS, LTD., CA HOBBS, JR., LAURYCE G.
HOBBS, CHARLES L. ADRIAN, HUGH V. HUGH V. SMITH ENTERPRISES, INC.,
SOUTHBROOK GARDEN APARTMENTS, LTD., and SUGAR GROVE SQUARE, LTD.,
Plaintiffs,
and
5000 SOUTH HAMPTON TERRACE, AMERICAN RIVER LIMITED PARTNERSHIP,
ASPEN MANOR, LIMITED PARTNERSHIP, BAYSIDE VILLAGE APARTMENTS,
BEAR MOUNTAIN VILLAGE, LIMITED PARTNERSHIP, BROADWAY APARTMENTS,
BULLOCKS POINT ASSOCIATES, CALIFORNIA PROPERTIES-AGUILAR,
CALIFORNIA PROPERTIES-GARDENS, CALFORNIA PROPERTIES-LEISURE LIFE,
CALIFORNIA PROPERTIES-VILLAGES, CAMELOT NORTH COMPANY, CAMELOT
SOUTH COMPANY, CANYON APARTMENTS COMPANY, CARRIER ARMS
APARTMENTS, LTD., CASCADE TERRACE LIMITED PARTNERSHIP,
CHURCHLAND SQUARE APARTMENTS, COTTONWOOD MANOR COMPANY,
DUARTE MANOR ASSOCIATES, DUNDALE SQUARE, EAST GREEN HILLS
APARTMENTS, LTD., EL CAPITAN APARTMENTS, LTD., ELLENDALE ARMS
APARTMENTS, ESCONDIDO PARK APARTMENTS, ESTATE OF DANIEL E. FOLEY,
FIRST BROOKWOOD, LTD., FIRST PARKWOOD LIMITEDPARTNERSHIP, FIRST
VILLAGE WEST LIMITED PARTNERSHIP, FOOTHILL GARDENS LIMITED
PARTNERSHIP, GARLAND GARDENS, LTD., GREENWOOD GARDENS
ASSOCIATES, HAPPY VALLEY VILLA, HARBORVIEW TOWERS ASSOCIATES,
HARPERS SQUARE APARTMENTS, HENDERSON INC., HIGH HOUSE VILLAGE
APARTMENTS, LTD., HOLLISTER PLAZA LIMITED, HOLLYWOOD EAST
APARTMENTS, LTD., HOUSTON HOMES #1 LTD., IMPERIAL VILLAGE
APARTMENTS, JOHN KNOX, KPKA GREENLAKES CO., LA PRO III APARTMENTS,
L.A. PRO VII APARTMENTS, LTD., L.A. PRO XXXII APARTMENTS, LTD., LA VERNE
TERRACE LIMITED PARTNERSHIP, LAKE VILLAGE, LAUREL CANYON TERRACE,
LEIGH ANN APARTMENTS, LTD, MAYFLOWER VILLAGE ASSOCIATES, MEYLER
PARK APARTMENTS, MID CITY APARTMENTS LTD., MIDTOWN APARTMENTS
LTD., MILLER AVENUE APARTMENTS, NAPA PARK LTD, NELD NORTH
APARTMENTS LTD., ONTARIO TOWNHOUSES, PALMDALIA LIMITED
PARTNERSHIP, QUEEN ANN INVESTMENT COMPANY, REALTY PARTNERS

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PROP. LTD., ROLLING GREEN ASSOCIATES, ROLLING MEADOWS, LTD., ROSE
GARDENS HOUSING LIMITED PARTNERSHIP, SANTA CLARA TERRACE
COMPANY, SECOND LAKE VILLAGE, SHERIDAN EAST VILLA, SHERIDAN MANOR,
SHERIDAN SOUTH VILLA, SHERIDAN WEST VILLA, SKYLINE FOX HOLLOW JOINT
VENTURE, SOUTH PARK APARTMENTS, LTD, SOUTHSIDE VILLAGE
APARTMENTS, LTD., TEMPE APARTMENTS, A LIMITED PARTNERSHIP, TEMPE
GARDEN I, THE VILLAGES, LTD., TRASK LIMITED PARTNERSHIP, TURNER
INVESTMENTS LTD., UNIVERSITY GARDENS APARTMENTS, LTD., VACAVILLE
PARK APARTMENTS, VERNAL HOUSING LIMITED PARTNERSHIP, VILLA CAPRI
LIMITED PARTNERSHIP, WALNUT MANOR LTD., WEST ARMS LIMITED
PARTNERSHIP, and WESTSIDE APARTMENTS LTD.,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
Judgment
ON APPEAL from the UNITED STATES COURT OF FEDERAL CLAIMS
in CASE NO(S). 96-CV-326, 96-CV-364, 96-CV-435 and 96-CV-697
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
Per Curiam (GAJARSA, LINN and MOORE, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
DATED January 14, 2008 /s/ Jan Horbaly
Jan Horbaly, Clerk

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