Cienega Gardens v. United States’s Empirical Analysis

Citation profile

12 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may occur when Government action, although not encroaching upon or occupying private property,”

   3 later decisions quote this exact passage · from the majority
   e.g. Anaheim Gardens, B-L Associates, Cedar Gardens Associates, C-W Associates, Denise A. Kellenbeck (Doing Business as Victorian Arms Apartments), Earl W. Kellenbeck, Florin Meadows I, Ltd., Florin Meadows Ii, Ltd., Frances T. Ward, Glenview Gardens Limited Partnership, Hillview Townhouses Limited, Hillview Townhouses Limited No. 1, Indian Head Manor Limited Partnership I, J.D v. Ward, James W.Y. Wong, Jewel Lake Villa Ii, Joseph Biafora and Stefi Biafora, Metro West Limited, Millwood Associates Limited Partnership, Napa Park Apartments Limited Partnership, Norman M. Kronick and Louis Dulien (Doing Business as Halawa View Apartments), Ontario Townhouses Limited Partnership, Peter H.Y. Hsi and Priscilla L.F. Hsi (Doing Business as General Partners of Waipahu Tower), Rock Creek Terrace Limited Partnership, Sierra Vista One, Silverlake Village, the Palomar Apartments, Thetford Properties Iii, Limited Partnership, Thetford Properties Iv, Limited Partnership, Washington Plaza Partners, Ltd., 185-225 Parkhill Corp., 620 Su Casa Por Cortez, 825 San Tomas Apartments, 3740 Silverlake Village, and 5324 Foothill Apartments v. United States, Alconquin Heights Associates, L.P., Brandy Hill Company, Brookside Manor Associates Limited Partnership, Buckman Gardens Limited Partnership, Chauncy House Company, Cromwell Court Company, Country Towne Apartments Partnership, Dolly Ann Apartments Limited Partnership, Emory Grove Limited Partnership, First Landmark Associates Limited Partnership, Forest Glen Limited Dividend Housing Association, Fort Heath Associates, Garrison Forest Associates, Glenarden Limited Partnership, Jodani Associates, L.P., Kimberly Associates, King's Grant Company, Leader House Associates and Leader Housing Co., Inc., New Amsterdam Associates and New Amsterdam Houses, Inc., Pine Crest Company, Riverside Village Company, Suburbia Associates Limited Partnership, Suehar Associates, L.P., Tower West Associates, L.P. And Tower West, Inc., and Town & Country Apartments and Townhouses v. United States · American Pelagic Fishing Co. v. United States

2. “(1) implementation of the plan of action will not— (A) materially increase economic hardship for current tenants, and will not in any event result in (i) a monthly rental payment by any current tenant that exceeds 30 percent of the monthly adjusted income of the tenant or an increase in the monthly rental payment in any year that exceeds 10 percent (whichever is lower), or (ii) in the ease of a current tenant who already pays more than such percentage, an increase in the monthly rental payment in any year that exceeds the increase in the Consumer Price Index or 10 percent (whichever is lower); or (B) involuntarily displace current tenants (except for good cause) where comparable and affordable housing is not readily available determined without regard to the availability of Federal housing assistance that would address any such hardship or involuntary displacement; and (2) the supply of vacant, comparable housing is sufficient to ensure that such prepayment will not materially affect— (A) the availability of decent, safe, and sanitary housing affordable to low-income and very low-income families or persons in the area that the housing could reasonably be expected to serve; (B) the ability of low-income and very low-income families or persons to find affordable, decent, safe, and sanitary housing near employment opportunities; or (C)the housing opportunities of minorities in the community within which the housing is located.”

   2 later decisions quote this exact passage · from the majority
   e.g. Anaheim Gardens v. United States · Cienega Gardens v. United States

3. “were factually indistinguishable from the owners in Greenbrier . " Rather appellants have stated ambiguously that they were "unable to identify facts that would distinguish their cases from the holding in Greenbrier , " and they made this statement without the benefit of this court's holding in Cienega II. Subsequent to appellants' statement regarding Greenbrier , this court issued its Cienega II holding. The appellants' pertinent facts, which were absent in Greenbrier , but are present in Cienega Gardens, were directly addressed in the Cienega II and Cienega III decisions. 25 Consequently, this case is unlike Greenbrier , where the Court of Federal Claims had granted the Government's motion for summary judgment on the basis of facts that had been developed and placed before the court revealing a lack of "futility.”

   2 later decisions quote this exact passage · from the majority
   e.g. Anaheim Gardens, B-L Associates, Cedar Gardens Associates, C-W Associates, Denise A. Kellenbeck (Doing Business as Victorian Arms Apartments), Earl W. Kellenbeck, Florin Meadows I, Ltd., Florin Meadows Ii, Ltd., Frances T. Ward, Glenview Gardens Limited Partnership, Hillview Townhouses Limited, Hillview Townhouses Limited No. 1, Indian Head Manor Limited Partnership I, J.D v. Ward, James W.Y. Wong, Jewel Lake Villa Ii, Joseph Biafora and Stefi Biafora, Metro West Limited, Millwood Associates Limited Partnership, Napa Park Apartments Limited Partnership, Norman M. Kronick and Louis Dulien (Doing Business as Halawa View Apartments), Ontario Townhouses Limited Partnership, Peter H.Y. Hsi and Priscilla L.F. Hsi (Doing Business as General Partners of Waipahu Tower), Rock Creek Terrace Limited Partnership, Sierra Vista One, Silverlake Village, the Palomar Apartments, Thetford Properties Iii, Limited Partnership, Thetford Properties Iv, Limited Partnership, Washington Plaza Partners, Ltd., 185-225 Parkhill Corp., 620 Su Casa Por Cortez, 825 San Tomas Apartments, 3740 Silverlake Village, and 5324 Foothill Apartments v. United States, Alconquin Heights Associates, L.P., Brandy Hill Company, Brookside Manor Associates Limited Partnership, Buckman Gardens Limited Partnership, Chauncy House Company, Cromwell Court Company, Country Towne Apartments Partnership, Dolly Ann Apartments Limited Partnership, Emory Grove Limited Partnership, First Landmark Associates Limited Partnership, Forest Glen Limited Dividend Housing Association, Fort Heath Associates, Garrison Forest Associates, Glenarden Limited Partnership, Jodani Associates, L.P., Kimberly Associates, King's Grant Company, Leader House Associates and Leader Housing Co., Inc., New Amsterdam Associates and New Amsterdam Houses, Inc., Pine Crest Company, Riverside Village Company, Suburbia Associates Limited Partnership, Suehar Associates, L.P., Tower West Associates, L.P. And Tower West, Inc., and Town & Country Apartments and Townhouses v. United States · Anaheim Gardens v. United States