The Reply in support of Guggenheim’s cert. petition was filed on Friday. The basic point the brief makes is that the City has attempted to re-write the Ninth Circuit’s decision, rather than attempt to defend it on the merits. We expect to hear some time in June. Click below to see the brief. I am cautiously optimistic, but [...]
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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, [...]
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The Petition for Cert. in Guggenheim v. Goleta was filed Friday March 11, 2011. Guggenheim Cert. Petition [AS FILED] In my view, it compellingly makes the case the 9th Circuit disregarded prior Supreme Court authority. I look forward to the City’s brief, which I will post on this site as well.
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For those of you who don’t work in the area of regulatory takings, it may surprise you that it is extremely difficult to get a trial of federal takings claims in federal courts. With the antagonism of many state courts to takings claims–California is one of the worst–the ability to litigate takings claims in federal [...]
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The good guys win one in a rent control case. (Ok, I’m a bit biased since this is our client) In a ground breaking decision in Guggenheim v. the City of Goleta, a three judge panel of the Ninth Circuit has concluded that the City of Goleta’s adoption of rent control in 2002 caused a taking of [...]
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The County of Sonoma had adopted its own “conversion ordinance” designed to stop conversions except with the approval of residents and included numerous onerous conditions designed to make the process as difficult and expensive as process. The notably left of center court, in an exhaustive and well thought out analysis, found the County’s conversion ordinance was preempted by the state law.
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