Freddie Mac (FMCC)

[obiterdictum]

Obiderdictum, could you please provide a summary of the distinction between the issues being litigated in Perry and those being litigated before Judge Sweeney? Thanks

Perry - District Court and US Court of Appeals - Lamberth and Millet Ginsburg and Brown
The Plaintiff claims that the Treasury and FHFA conduct in making the Third Amendment exceeds its statutory authority under HERA ( Housing and Economic Recovery Act of 2008, 12 U.S.C. §§ 1455,
1719, 4617) and that both Treasury and FHFA conduct was arbritrary and capricious and violates the Administrative Procedure Act (5 U.S.C. §§ 551-559).

Fairholme et. al - US Court of Federal Claims- Sweeney
The Plaintiffs claim that Treasury and FHFA by making and enacting the Third Amendment and Net Worth Sweep violated the 5th Amendment of the US Constitution by taking private property for public use without just compensation.

The distinction is between a declaratory and injunctive complaint (Perry) and a takings complaint (Fairholme). Takings complaints are heard in the US Court of Federal Claims.

Source:
Perry Capital Complaint
http://blogs.reuters.com/alison-frankel/files/2013/07/perryvus-complaint.pdf

Fairholme et. al. Complaint
http://gselinks.com/Court_Filings/Fairholme/13-465-0001.pdf