HEIGHTS APARTMENTS, LLC v. WALZ

No: 21-1278.

39 F.4th 479 (2022)

HEIGHTS APARTMENTS, LLC, Appellant Walnut Trails, LLLP v. Tim WALZ, in his individual and his official capacity as Governor of the State of Minnesota, et al., Appellees Minnesota Multi Housing Association and Pacific Legal Foundation, Amici on Behalf of Appellant(s) American Medical Association, et al., Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2022.


Attorney(s) appearing for the Case

Michael Kemp , Aaron Ferguson Law, Roseville, MN, for Appellant.

Michael P. Goodwin , Elizabeth Catherine Kramer , Attorney General's Office, Saint Paul, MN, for Appellees Tim Walz, Keith M. Ellison.

Joseph Janochoski , Philip John Kaplan , Norman H. Pentelovitch , Anthony & Ostlund, Minneapolis, MN, for Amicus on Behalf of Appellant Minnesota Multi Housing Association.

Jonathan Houghton , Pacific Legal Foundation, Arlington, VA, Joshua Paul Thompson , Pacific Legal Foundation, Sacramento, CA, for Amicus on Behalf of Appellant Pacific Legal Foundation.

Mark Robert Whitmore , Bassford & Remele, Minneapolis, MN, for Amici on Behalf of Appellees American Medical Association, Minnesota Medical Association.

Lawrence Reed McDonough , James W. Poradek , Shana Tomenes , Housing Justice Center, Saint Paul, MN, for Amici on Behalf of Appellees Home Line, Housing Justice Center, Lawyers' Committee for Civil Rights Under Law, Mid-Minnesota Legal Aid, Minnesota Assistance Council for Veterans, Minnesota Association of Community Health Centers, Minnesota Coalition for the Homeless, Southern Minnesota Regional Legal Services, Violence Free Minnesota, Volunteer Lawyers Network.

Clayton J. Carlson , Erica Holzer , Carly Jo Johnson , Maslon, LLP, Minneapolis, MN, for Amici on Behalf of Appellees Jewish Community Action, ISAIAH, Minnesota Rabbinical Association, Muslim American Society of Minnesota, Minnesota Council of Churches.

Alain M. Baudry , Lauren Frances Schoeberl , Saul & Ewing, Minneapolis, MN, Bethany R. Berger , University of Connecticut School of Law, Hartford, CT, for Amicus on Behalf of Appellee Property and Constitutional Law Professors.


ORDER

The petition for rehearing en banc is denied. The petition for panel rehearing is also denied.

Chief Judge Smith, Judges Loken, Colloton, and Kelly would grant the petition for rehearing en banc.

...

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