On Tuesday, June 22, 2010 starting at 2:00 p.m., the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in the en banc review of a takings challenge to the City of Goleta's mobile home rent control ordinance (RCO).
In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009), a three-judge panel held the city's RCO was a regulatory taking. The court found the case ripe under Williamson County, and addressed the merits of the takings claim under the three-factor regulatory taking test of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).
On March 12, 2010, the court ordered en banc review.
The arguments will take place in Courtroom Three of the Richard H. Chambers Courthouse (125 South Grand Avenue, Pasadena, California). While we won't be able to live blog the arguments, we are scheduled to be in L.A. that day, so will post our impressions as soon as they wrap up.
We've posted the parties briefs on the en banc petition, as well as a complete set of the amicus briefs on our resource page.
Stay tuned.
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: inversecondemnationJune 22 Oral Arguments In Ninth Circuit Rent Control Takings Case (Guggenheim)
By Robert Thomas (inversecondemnation.com)
Full post as published by inversecondemnation on June 15, 2010 (boomark / email).
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