Thursday, July 08, 2010

sham test unconstitutional?

The U.S. District Court, Northern District of Ohio, Western Division in Toledo, Ohio has issued a Memorandum and Opinion Order decided by Judge Jack Zouhary which holds that HUD's 10-Part Test to determine whether a controlled business arrangement is a sham entity or not is unconstitutional. The case is styled Erick Carter, et al. v. Welles-Bowen Realty, Inc., et al. and involves two controlled business arrangements operating in Toledo, Ohio which are co-owned by two of the largest real estate firms in the area and Chicago Title.

Read more on the OAITA blog.

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