1. Home
  2. Browse Decisions
  3. F.4th
  4. 24 F.4th
  5. 24 F.4th 1287 (2022)
 

BALLINGER v. CITY OF OAKLAND

No. 19-16550.

24 F.4th 1287 (2022)

Lyndsey BALLINGER; Sharon Ballinger, Plaintiffs-Appellants, v. CITY OF OAKLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 16, 2021.

Resubmitted January 25, 2022 San Francisco, California.

Filed February 1, 2022.

Attorney(s) appearing for the Case

J. David Breemer (argued), Meriem Lee Hubbard , and Daniel M. Ortner , Pacific Legal Foundation, Sacramento, California, for Plaintiffs-Appellants.

Kevin P. McLaughlin (argued), Deputy City Attorney; David A. Pereda , Special Counsel; Maria Bee , Chief Assistant City Attorney; Barbara J. Parker , City Attorney; Office of the City Attorney, Oakland, California; for Defendant-Appellee.

Brendan Darrow and Matthew Siegel , Berkeley, California, for Amici Curiae League of California Cities and California State Association of Counties.

Nathaniel P. Bualat , Pilar Stillwater , and Rebecca Suarez , Crowell & Moring LLP, San Francisco, California, for Amicus Curiae Western Center on Law and Poverty.

Before: Richard R. Clifton, N. Randy Smith, and Ryan D. Nelson, Circuit Judges.

OPINION

The City of Oakland required the Ballingers to pay their tenants over $6,000 before the Ballingers could move back into their own home upon the expiration of the lease. The Ballingers challenge the payment as an unconstitutional physical taking under the Takings Clause. Instead, the requirement to pay...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases