Simcox v. Heritage Acres, Ltd.

MEMORANDUM AND ORDER

HULL, Chief Judge.

This is an action on a contract in which plaintiff seeks specific performance or, in the alternative, damages. Defendants, Heritage Acres, Ltd., d/b/a Johnson County Elderly, and Samuel R. Pierce, in his official capacity as Secretary of the United States Department of Housing and Urban Development (HUD), move for dismissal or, in the alternative, for summary judgment, on grounds that the contract in question is void and unenforceable.

Most of the relevant facts are not disputed. (See, Admissions and Stipulations to the Court’s pretrial order, filed…