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ACTION APARTMENT ASS'N v. SANTA MONICA RENT CONTR. BOARD

No. 05-56533.

509 F.3d 1020 (2007)

ACTION APARTMENT ASSOCIATION, INC., a California corporation; Mathew Millen, Plaintiffs-Appellants, v. SANTA MONICA RENT CONTROL BOARD, a municipal entity; Mary Ann Yurkonis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2007.

Attorney(s) appearing for the Case

Robert J. Franklin (argued) and Rosario Perry, Santa Monica, CA, attorneys for Plaintiffs-Appellants Action Apartment Association, Inc., and Mathew Millen.

David Pettit and Michael Roth (argued), Los Angeles, CA; and David Daniels and Michaelyn Jones, Santa Monica, CA, attorneys for Defendants-Appellees, Santa Monica Rent Control Board and Mary Ann Yurkonis.

Before: SIDNEY R. THOMAS, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

THOMAS, Circuit Judge:

In this appeal, we are presented with a claim that Santa Monica's rent control ordinance is unconstitutional under both the "public use" component of the Fifth Amendment's Takings Clause and the substantive component of the Fourteenth Amendment's Due Process Clause. We conclude that the Fifth Amendment claims are not viable, that the facial Fourteenth Amendment claim is time-barred, and that the as applied Fourteenth Amendment claim is unripe...

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