Los Altos El Granada Investors v. Capitola, No. 07-16888

In a Takings Clause challenge to a rent control ordinance, judgment on the pleadings for defendant is reversed where the district court erred in determining that prior state court decisions striking plaintiff's "England reservations" of its federal constitutional claims meant there was no valid reservation.

Read Los Altos El Granada Investors v. Capitola, No. 07-16888

Appellate Information

Argued and Submitted March 12, 2009

Filed October 7, 2009

Judges

Opinion by Judge Bybee

Counsel

For Appellant:

Robert S. Coldren, C. William Dahlin, and Mark D. Alpert, Santa Ana, CA

For Appellees:

John G. Barisone, Santa Cruz, CA

Henry E. Heater and Linda B. Reich, San Diego, CA