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GUGGENHEIM v. CITY OF GOLETA

No. 06-56306.

582 F.3d 996 (2009)

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.

Filed September 28, 2009.

Attorney(s) appearing for the Case

Mark D. Alpert, Robert S. Coldren (argued), and C. William Dahlin, Santa Ana, CA, for the plaintiffs-appellants.

Julie Hayward Biggs and Amy E. Morgan (argued), Los Angeles, CA, for defendant-appellee.

Opinion by Judge BYBEE; Dissent by Judge KLEINFELD.

BYBEE, Circuit Judge:

Daniel Guggenheim and others bring a facial challenge to the City of Goleta's mobile home rent control ordinance. Guggenheim argues that the ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104

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