Kimberly Associates v. United States

MEMORANDUM *

This is the second time this court has considered issues concerning the extent of Appellee Kimberly Associates’ contractual duty under the Emergency Low Income Housing Preservation Act of 1987, Pub.L. No. 100-242, 42 U.S.C. § 1472(c) (“ELIHPA”) to provide low-income rural housing. In the earlier appeal, Kimberly Assoc. v. United States, 261 F.3d 864 , 870—871 (9th Cir.2001) (“Kimberly /”), we held that the government did not legitimately exercise its sovereign power in its attempt to alter the terms of its preexisting contractual agreements with Kimberly; we remanded for additional consideration of Kimberly’s *140 obligation to provide housing despite Kimberly’s tender to prepay the loan.

Appellants Ann and Bonnie Doe, tenants of the federally-subsidized housing at issue in both Kimberly I and here, contest the district court’s order denying their motion to intervene in case No. 02-36165, and the district court’s quiet title judgment in favor of Kimberly, in case No. 03-35422. After Appellants filed their notice of appeal in No. 02-36165, the government entered into a settlement agreement with Kimberly and recorded a deed of reconveyance of the property. Kimberly…