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Petition for a Write of Certiorari, CCA Associates v. United States, No. 11-1352 (filed May 8, 2012)

Petition for a Write of Certiorari, CCA Associates v. United States, No. 11-1352 (filed May 8, 2012)

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06/16/2012

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No.
I
N
T
HE
Supreme Court of the United States
 _________ 
CCA
 
 A
SSOCIATES
,
Petitioner 
,
v.
U
NITED
S
TATES
,
Respondent 
.
_________
On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Federal Circuit 
 _________ 
PETITION FOR A WRIT OF CERTIORARI
 _________ 
E
LLIOT
E.
 
P
OLEBAUM
 
Counsel of Record 
E
UGENE
N.
 
H
 ANSEN
 F
RIED
,
 
F
RANK 
,
 
H
 ARRIS
,
 
S
HRIVER
 &
 
J
 ACOBSON
LLP801 17th Street, N.W.Washington, DC 20006(202) 639-7000elliot.polebaum@friedfrank.com
 
 
i
QUESTIONS PRESENTED
Pursuant to a regulatory agreement with theDepartment of Housing and Urban Development(“HUD”), Petitioner agreed to maintain and operatean apartment complex as low-income housing for aslong as a government-insured, 40-year mortgage onthe property remained outstanding. The transactiondocuments entered into among Petitioner, HUD, andthe lender provided Petitioner with the express rightto prepay this government-insured mortgage after 20years and thereby regain complete control of theproperty. In response to concerns that owners wouldprepay their government-insured mortgages andcease providing low-income housing, Congressoutlawed prepayment. Against that background, thequestions presented are:1. Whether the Emergency Low Income HousingPreservation Act of 1987 and the Low-IncomeHousing Preservation and Resident Homeownership Act of 1990 effected a taking of Petitioner’s propertywithout just compensation in violation of the Fifth Amendment of the Constitution because thelegislation required Petitioner to house qualifyingtenants for a period of years and otherwise unfairlycompelled Petitioner, rather than the public as awhole, to bear the societal cost of low-incomehousing.2. Whether the government breached itscontractual obligations to Petitioner when itoutlawed prepayment because the prepayment rightformed part of the overall agreement amongPetitioner, HUD, and the lender.
 
 
 ii
RULE 29.6 STATEMENT
Petitioner CCA Associates is a generalpartnership consisting of Ernest B. Norman, III,John H. Norman, Margaret H. Norman, and theErnest B. Norman Jr. and Emma Couret NormanGrandchildren’s Trust. No company has anownership interest in Petitioner.
 

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