California Property Rights Journal

Well, we received the brief of the City of Goleta in opposition to the petition for cert. Here it is.Goleta Supreme Court Brief in Opp The City’s lead argument is that the majority panel did apply the three prong balancing test contemplated by the U.S. Supreme Court in the Penn Central decision. In other words, the City is saying the panel did not base its decision only on the fact that the property owner purchased the property subject to regulation. The argument is a strained reading of the substance of the case, but I suppose is a better strategy that arguing the one factor test that panel actually applied was correct–a result that rejects prior supreme court precedent.