Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Evergreen Square of Cudahy v. Wisconsin Housing And Economic Development Authority

United States Court of Appeals, Seventh Circuit

January 12, 2015

EVERGREEN SQUARE OF CUDAHY, GRANT PARK SQUARE APARTMENTS CO. and WASHINGTON SQUARE APARTMENTS CO., Plaintiffs-Appellants,
v.
WISCONSIN HOUSING AND ECONOMIC DEVELOPMENT AUTHORITY, Defendant, Third-Party Plaintiff, Appellee, Cross-Appellant, and JULIAN CASTRO, Secretary of the United States Department of Housing and Urban Development, Third-Party Defendant, Cross-Appellee

Argued November 5, 2014.

Appeals fro the United States District Court for the Eastern District of Wisconsin. No. 2:13-cv-00743-JPS -- J. P. Stadtmueller, Judge.

For Evergreen Square of Cudahy, Grant Park Square Apartments Company, Washington Square Apartments Company, Plaintiffs - Appellants (14-1673): Carl Coan III, Attorney, Coan & Lyons, Washington, DC; K. Scott Wagner, Attorney, Hale & Wagner, Milwaukee, WI.

For Wisconsin Housing And Economic Development Authority, Defendant - Appellee (14-1673): Robert A. Jaffe, Attorney, Barry Paul Steinberg, Attorney, Kutak Rock Llp, Washington, DC.

For JULIAN CASTRO, Secretary of the United States Department of Housing and Urban Development, Defendant (14-1673): Stephanie R. Marcus, Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC.

For Wisconsin Housing And Economic Development Authority, Plaintiff - Appellant (14-1808): Robert A. Jaffe, Attorney, Barry Paul Steinberg, Attorney, Kutak Rock Llp, Washington, DC.

For JULIAN CASTRO, Secretary of the United States Department of Housing and Urban Development, Defendant - Appellee (14-1808): Stephanie R. Marcus, Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC.

Before BAUER, ROVNER, and TINDER, Circuit Judges.

OPINION

Page 464

Tinder, Circuit Judge.

We consider whether this case, a breach-of-contract action related to the provision of federally-subsidized housing, presents one of the rare instances when federal-question jurisdiction exists over a complaint asserting only state-law causes of action.

Plaintiffs-Appellants Evergreen Square of Cudahy, Grant Park Square Apartments Company and Washington Square Apartments Company are the owners of multifamily housing rental projects in Wisconsin that are assisted by the Unit-ed States Department of Housing and Urban Development (" HUD" ) program under Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f (" Section 8" ).[1] Plaintiffs sued the Wisconsin Housing and Economic

Page 465

Development Authority (" WHEDA" ) in federal court alleging WHEDA breached certain Housing Assistance Payments (" HAP" ) contracts by failing to approve annual rent increases, as required by federal law, and by requiring Plaintiffs to submit rent comparability studies as a prerequisite to receiving rent increases. WHEDA in turn filed a Third-Party Complaint against HUD, alleging that, if WHEDA is found to have breached the HAP contracts, then those breaches resulted from WHEDA following congressional and HUD directives. Both Plaintiffs' Amended Complaint (the operative pleading) and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.