Rademacher

MEMORANDUM **

Defendants Leo F. Rademacher and Shirley F. Rademacher appeal the district court’s grant of the government’s motion for summary judgment on its claims for breach of contract and eviction. Defendants also appeal the district court’s denial of their counterclaim for specific performance. We affirm.

I. Breach of Contract

Defendants argue that the government breached the contract by failing to sell them the property for the lesser of its fair-market value or its capitalization value. But the government offered the property to Defendants for $112,000, which is the capitalization value determined in the third appraisal and affirmed by the Department of Agriculture’s National Appeals Director (NAD). That value was less than the appraised fair-market value of $210,000.

The heart of Defendants’ argument is that the capitalization value is too high. Defendants could have appealed the NAD’s determination of the capitalization value in district court, pursuant to 7 U.S.C. § 6999 , but they did not. Instead, they simply refused to pay the capitalization value of the property, in violation of the parties’ option agreement, and retained possession of the property long after the…