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EQUITY LIFESTYLE PROPERTIES, INC. v. COUNTY OF SAN LUIS OBISPO

No. 05-55406.

548 F.3d 1184 (2008)

EQUITY LIFESTYLE PROPERTIES, INC., f/k/a Manufactured Home Communities, Inc., d/b/a Sea Oaks Manufactured Home Community, Plaintiff-Appellant, v. COUNTY OF SAN LUIS OBISPO; County of San Luis Obispo Rent Review Board; San Luis Obispo Board of Supervisors, Defendants-Appellees, and Elizabeth Cisneros; Mary Jane Tate; Frank Greco; Ida Greco; Robert Meyer; Margaret Meyer; Anne Meyer; Louise McManus; Laverne Jones; William Spurrier; June Spurrier, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Submitted September 11, 2007.

Opinion Filed September 17, 2007.

Submission Deferred February 12, 2007.

Opinion Withdrawn November 25, 2008.

New Opinion Filed November 25, 2008.

Attorney(s) appearing for the Case

David J. Bradford, Jenner & Block LLP, Chicago, IL, argued the cause for the petitioner/plaintiff-appellants; Edith R. Matthai, Steven S. Fleishman, Robie & Matthai APC, Los Angeles, CA, and Elliot L. Bien, Bien & Summers LLP, Novato, CA, were on the briefs.

Henry E. Heater, Endeman, Lincoln, Turek & Heater LLP, argued the cause for the respondents-appellees; Timothy McNulty, San Luis Obispo County Counsel, San Luis Obispo, CA, and Donald R. Lincoln and Linda B. Reich, Endeman, Lincoln, Turek & Heater LLP, San Diego, CA, were on the briefs.

Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

The opinion filed in this case on September 17, 2007 is withdrawn. A new opinion is filed contemporaneously with the filing of this order.

The panel has voted unanimously to deny the petition for rehearing. Judges O'Scannlain and Callahan have voted to deny the petition for rehearing en banc. Judge Hall recommended that the petition for rehearing en banc be denied.

The full court has been advised of the petition for rehearing en banc and no...

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