Franconia Associates v. United States, 536 U.S. 129, 4 (2002)

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132

FRANCONIA ASSOCIATES v. UNITED STATES

Opinion of the Court

repudiated the promissory notes at issue here by conditioning prepayment of all 515 loans on the borrower's agreement to maintain the low-income use of its property for a specified period. One year later, Congress removed those conditions on pre-1979 loans, thereby retracting the repudiation. Hence, the fact that the Government's repudiation here rested upon the enactment of a new statute makes no signifi-cant difference. Mobil Oil Exploration & Producing Southeast, Inc. v. United States, 530 U. S. 604, 619, 620. Pp. 147-148. 240 F. 3d 1358; 7 Fed. Appx. 928, reversed and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

Jeff H. Eckland argued the cause for petitioners. With him on the briefs were William L. Roberts and Mark J. Blando.

Matthew D. Roberts argued the cause for the United States. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General McCallum, James A. Feldman, David M. Cohen, and Mark L. Josephs.

Justice Ginsburg delivered the opinion of the Court.

The two cases consolidated for our review concern the timeliness of claims filed against the United States under the Tucker Act, 28 U. S. C. 1491. Petitioners are property owners who participated in a federal program to promote development of affordable rental housing in areas not traditionally served by conventional lenders. In exchange for low-interest mortgage loans issued by the Farmers Home Administration (FmHA), petitioners agreed to devote their

†Briefs of amici curiae urging reversal were filed for Bank of America, FSB, et al. by Steven S. Rosenthal, Alan K. Palmer, Leo G. Rydzewski, John C. Millian, Melvin C. Garbow, Howard N. Cayne, David B. Bergman, Michael A. Johnson, Daniel J. Goldberg, William T. Reilly, and Stephen M. Forte; for the Council for Affordable and Rural Housing by Carl A. S. Coan III; and for the National Association of Home Builders by Thomas Jon Ward.

John C. Millian, Mark A. Perry, and Paul Blankenstein filed a brief for John K. Castle et al. as amici curiae.

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