Daniel GUGGENHEIM; Susan Guggenheim; Maureen H. Pierce, Plaintiffs-Appellants,
v.
CITY OF GOLETA, a municipal corporation, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 22, 2010.
Filed December 22, 2010.
Attorney(s) appearing for the Case
Robert S. Coldren , Hart, King & Coldren, Santa Ana, CA, for the appellants.
Andrew W. Schwartz (argued), Shute, Mihaly & Weinberger, LLP, San Francisco, CA, and Amy E. Morgan (briefed), Burke, Williams & Sorensen, LLP, Los Angeles, CA, for appellees.
David J. Bradford (briefed), Jenner & Block LLP, Chicago, IL, for amicus curiae Equity Lifestyle Properties.
Michael M. Berger (briefed), Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for amicus curiae Center for Constitutional Jurisprudence.
Gordon C. Atkinson (briefed), Cooley Godward Kronish LLP, San Francisco, CA, for amicus curiae Golden State Manufactured-Home Owners League.
John J. McDermott (briefed), Arlington, VI, for amici curiae National Apartment Association, National Multi Housing Council, Apartment Association of California Southern Cities, Inc., and the Apartment Association of Orange County.
Grant Habata (briefed), California Association of Realtors, Los Angeles, CA, for amicus curiae California Association of Realtors.
R.S. Radford (briefed), Pacific Legal Foundation, Sacramento, CA, for amici curiae Pacific Legal Foundation and Manufactured Housing Institute.
Amy E. Margolin (briefed), Bien & Summers, Novato, CA, for amicus curiae Western Manufactured Housing Communities Association.
Meaghan McLaine VerGow (briefed), O'Melveny & Myers LLP, Washington, D.C., for amici curiae Manufactured Housing Educational Trust, Goldstein Properties, Inc., and Morgan Partners, Inc.
Michael von Loewenfeldt (briefed), Kerr & Wagstaffe LLP, San Francisco, CA, and Jeff M. Malawy (briefed), Aleshire & Wynder, LLP, Irvine, CA, for amici curiae League of California Cities, and California State Association of Counties.
Terry R. Dowdall (briefed), Dowdall Law Offices, Orange, CA, for amicus curiae California Mobilehome Parkowners Alliance.
Elizabeth B. Wydra (briefed), Constitutional Accountability Center, Washington, D.C., for amici curiae American Planning Association, APA California, Constitutional Accountability Center, and Western Center on Law and Poverty.
Meliah Schultzman (briefed), National Housing Law Project, Oakland, CA, Ilene Jacobs, California Rural Legal Assistance, Inc., Marysville, CA, and Kirk Ah Tye, California Rural Legal Assistance, Inc., Santa Barbara, CA, for amici curiae AARP, California Coalition for Rural Housing, Housing California, Legal Services of Northern California, Non-Profit Housing, Association of Northern California, R. Keith Traphagen, and Tenants Together.
Opinion by Judge KLEINFELD; Dissent by Judge BEA.
United States Court of Appeals, Ninth Circuit.
OPINION
KLEINFELD, Circuit Judge:
We address the viability of a takings claim arising out of a rent control ordinance affecting mobile home parks.
I. Facts
In 1979, Santa Barbara County, California adopted a rent control ordinance for mobile homes.1 Mobile homes have the peculiar characteristic of separating ownership of homes that are, as a practical matter, affixed...
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