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ROSENBLATT v. CITY OF SANTA MONICA

No. 17-55879.

940 F.3d 439 (2019)

Arlene ROSENBLATT, an individual, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. CITY OF SANTA MONICA, a municipal corporation; The City Council of the City of Santa Monica, a governing body, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2019.

Attorney(s) appearing for the Case

Robert L. Esensten (argued) and Jordan S. Esensten , Esensten Law, Los Angeles, California, for Plaintiff-Appellant.

Yibin Shen (argued), Chief Deputy City Attorney; Heidi Von Tongeln and Michael R. Cobden , Deputy City Attorneys; Lane Dilg , City Attorney; Santa Monica City Attorney's Office, Santa Monica, California; for Defendants-Appellees.

Before: Mary M. Schroeder and Jacqueline H. Nguyen, Circuit Judges, and Michael H. Simon, District Judge.

OPINION

This case involves the perennial clash between a city's exercise of traditional police powers in regulating land use and the rights of property owners to use their property as they see fit. But this familiar problem has a not-so-familiar backdrop: online marketplaces—such as Airbnb and HomeAway—...

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