MANUFACTURED HOME COMMUNITIES v. COUNTY OF SAN DIEGO

Nos. 05-56401, 05-56559.

544 F.3d 959 (2008)

MANUFACTURED HOME COMMUNITIES INC., a corporation, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO; Dianne Jacob, Defendants-Appellees. Manufactured Home Communities Inc., a corporation, Plaintiff-Appellant, v. County of San Diego; Dianne Jacob, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2008.


Attorney(s) appearing for the Case

David J. Bradford, Jenner & Block LLC, Chicago, IL, for the plaintiff-appellant; Elliot L. Bien, Bien & Summers LLP, Novato, CA, was on the briefs.

William A. Johnson, Jr., Senior Deputy, San Diego, CA, for the defendants-appellees; John J. Sansone, County Counsel, County of San Diego, and James M. Chapin, Senior Deputy, San Diego, CA, were on the brief.

Opinion by Judge O'SCANNLAIN; Dissent by Judge CALLAHAN.


O'SCANNLAIN, Circuit Judge:

We must decide whether a county supervisor's hostile public statements directed at a company owning and managing several local mobile home parks were actionable as a matter of law.

I

Manufactured Home Communities, Inc. ("MHC"), a real estate investment trust headquartered in Chicago, owns and operates mobile home parks through the United States. The three parks at issue here—Lamplighter, Rancho Valley, and Rancho...

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