Those of you who follow property rights are likely aware of the En Banc decision of the 9th Circuit in Guggenheim v. City of Goleta, which effectively reversed the three judge panel decision finding that the City of Goleta’s adoption of mobilehome rent control caused a taking. We think the decision was wrongly decided, but that is not surprising since we represent Dan Guggeneheim. The dissent joined by three judges does an excellent job identifying the flaws in the majority decision–so I won’t write about them on this blog. I will say I am very surprised that the majority decided the case in a way that seems to directly reject U.S. Supreme Court guidance.
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.
