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COLONY COVE PROPERTIES, LLC v. CITY OF CARSON

No. 16-56255.

888 F.3d 445 (2018)

COLONY COVE PROPERTIES, LLC, a Delaware limited liability company, Plaintiff-Appellee, v. CITY OF CARSON, a municipal corporation; City of Carson Mobilehome Park Rental Review Board, a public administrative body, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2018.

Attorney(s) appearing for the Case

Matthew Dwight Zinn (argued) and Andrew W. Schwartz , Shute Mihaly & Weinberger LLP, San Francisco, California; Jeff M. Malawy , Stephen R. Onstot , June S. Ailin , William W. Wynder , and Sunny K. Soltani , Aleshire & Wynder LLP, Irvine, California; for Defendants-Appellants.

Anton Matlitsky (argued), O'Melveny & Myers LLP, New York, New York; Adam P. Wiley , Thomas W. Casparian , and Richard H. Close , Gilchrist & Ruiter PC, Santa Monica, California; Daniel J. Tully , Dimitri Portnoi , and Matthew W. Close , O'Melveny & Myers LLP, Los Angeles, California; for Plaintiff-Appellee.

Christine Van Aken , Chief of Appellate Litigation; Dennis J. Herrera , City Attorney; City Attorney's Office, San Francisco, California; for Amici Curiae League of California Cities and California Chapter of the American Planning Association.

Navneet Grewal and Sue Himmelrich , Western Center on Law and Poverty, Los Angeles, California; Shirley Gibson , Legal Aid Society of San Mateo County, Redwood City, California; for Amici Curiae California Rural Legal Assistance Inc., California Coalition for Rural Housing, Community Legal Services of East Palo Alto, The Golden State Manufactured-Home Owners League Inc., Housing California, Legal Aid Foundation of Los Angeles, Legal Aid Society of San Mateo County, National Housing Law Project, Public Advocates, Public Counsel Law Center, The Public Interest Law Project, Tenants Together, Western Center on Law and Poverty, and Theresa L. Forsythe.

Before: Susan P. Graber and Andrew D. Hurwitz, Circuit Judges, and Edward R. Korman, District Judge.

OPINION

The Takings Clause of the Fifth Amendment, made applicable to the States by the Due Process Clause of the Fourteenth Amendment, provides that "private property" may not "be taken for public use, without just compensation." The issue in this case is whether a California city engaged in an unconstitutional...

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