Kimberly Associates, an Idaho Limited Partnership v. United States

THOMAS, Circuit Judge:

Kimberly Associates (“Kimberly”), owner of a low-income housing project in Twin Falls, Idaho, argues that it is not barred from bringing a quiet title action against the United States on property subject to a government loan. Under the circumstances presented by this case, we agree with the district court that the United States has waived sovereign immunity. However, we disagree that the unmistaka-bility doctrine bars this action and remand for further proceedings.

I

Congress enacted the Rural Rental Housing Program as part of the Housing Act of 1949, 42 U.S.C. § 1485, “to…