RANCHO DE CALISTOGA v. CITY OF CALISTOGA

No. 12-17749.

800 F.3d 1083 (2015)

RANCHO DE CALISTOGA, a California General Partnership, Petitioner-Appellant, v. CITY OF CALISTOGA; W. Scott Snowden, Hearing Officer, The City of Calistoga, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2015.


Attorney(s) appearing for the Case

Anthony C. Rodriguez (argued), Law Office of Anthony C. Rodriguez, Oakland, CA, for Petitioner-Appellant.

Amy E. Hoyt (argued), Burke, Williams & Sorenson, Oakland, CA; Michelle Marchetta Kenyon , City Attorney, Calistoga, CA, for Respondents-Appellees.

Michael John von Loewenfeldt , Kerr & Wagstaffe LLP, San Francisco, CA, for Amicus Curiae League of California Cities.

R.S. Radford , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

Robert H. Thomas and Bethany C.K. Ace , Damon Key Leong Kupchak Hastert, Honolulu, HI, for Amicus Curiae Western Manufactured Housing Communities Association.

Before: M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.


OPINION

Fifth Amendment takings challenges to mobile home rent control laws are ubiquitous in this and other circuits. Quoting Yogi Berra, we have previously characterized these claims as "deja vu all over again." MHC Fin. Ltd. P'ship v. City of San Rafael, 714 F.3d 1118...

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