Real Estate & Property Law

Cert Petition Coming In Ninth Circuit Rent Control Takings Case (Guggenheim)

By Robert Thomas (inversecondemnation.com)

The last chapter in the Ninth Circuit's rent control saga has not been written. In Guggenheim v. City of Goleta, No. 06-56306 (Dec. 22, 2010), a sharply divided en banc NInth Circuit concluded that Goleta's mobile home rent control ordinance was not a taking under the three-factor regulatory taking test of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). Our resource page on the case is here (includes all opinions and merits and amicus briefs).

Mark Alpert (one of the attorneys for the property owners) reports on his blog California Property Rights Journal:

We are happy to announce that Dan Guggenheim has made the decision to file a cert petition. We are thrilled that Dan has been able to retain former Solicitor General Ted Olson and his appellate team at Gibson, Dunn to lead the effort along with myself and Rob Coldren at HKC.

With a panel decision concluding that the ordinance was a taking, a divided en banc Ninth Circuit holding otherwise, a majority opinion that makes hash of Penn Central, a strong Kozinski dissent, and a Supreme Court heavy hitter on the team, this one is worth following.

Stay tuned.

Full post as published by inversecondemnation on February 04, 2011 (boomark / email).