Kemp
Geneva Ltd. Partners v. Kemp
Opinion
Opinion
Jensen, J.
MEMORANDUM OPINION DENYING PRELIMINARY INJUNCTION MOTION AND ORDER DENYING INJUNCTION PENDING APPEAL
On August 23, 1990, this Court heard plaintiffs’ motion for a preliminary injunction to enjoin foreclosure of certain real property by the Secretary of the Department of Housing and Urban Development. Dean A. Morehouse of Thelen, Marrin, Johnson & Bridges appeared on behalf of Geneva Limited Partners. Kenneth M. Levy of Levy & Levy appeared for Geneva Towers Associates. Assistant United States Attorney Anne-Christine Massullo appeared for defendants. Having reviewed the briefs submitted on behalf of the parties, the oral argument of counsel, and the applicable legal standard, the Court denies plaintiffs’ motion for a preliminary injunction. The Court also denies plaintiffs’ motion for an injunction pending appeal to the Ninth Circuit under Rule 62(c) of the Federal Rules of Civil Procedure.
I. BACKGROUND
The Geneva Towers Apartments is a federally subsidized low-income housing project located in the City of San Francisco. The property consists of two large multi-unit apartment buildings, which house approximately 1750 individuals and is currently 87 percent occupied.