Clay Tower Apartments v. Kemp

978 F.2d 478 CLAY TOWER APARTMENTS, Oregon general partnership, Plaintiff-Appellant, and Harold Schnitzer, et al., Plaintiff, v. Jack KEMP, Sec. HUD, Secretary of U.S. Department of Housing & Urban Development, et al., Defendant-Appellee. No. 91-35370. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 19, 1992. Decided Oct. 14, 1992. Jacob Tanzer, Ball, Janik & Novack, Portland, Or., for plaintiff-appellant. Jeffrica Jenkins Lee, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before: WRIGHT, BEEZER, and LEAVY, Circuit Judges. BEEZER, Circuit Judge: 1 An Oregon owner of low-income housing brought a declaratory judgment action against the United States Department of Housing & Urban Development [HUD] challenging HUD's determination that the expiration of a ten-year real property tax abatement on a "Section 8" housing project was not a basis for a special rent adjustment under 42 U.S.C. § 1437f(c)(2)(B) (1988). The partnership appeals the district court's grant of summary judgment in HUD's favor. We reverse and remand. 2 * In 1980, Clay Tower Apartments,…