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Perspective

Mar. 24, 2010

9th Circuit Revisits 2009 Trailer Park Opinion

With the 9th Circuit granting an en banc hearing in Guggenheim v. City of Goleta, Rick Rayl and Bradford Kuhn of Nossaman look at what's next.

By Rick Rayl and Bradford Kuhn

Regulatory takings claims have received considerable publicity the past few years, as practitioners and legal scholars attempt to divine whether a meaningful trend towards greater government liability exists. Last fall, the 9th U.S. Circuit Court of Appeals issued a significant opinion that many viewed as indicative of such a trend, Guggenheim v. City of Goleta (Sept. 28, 2009, Case No. 06-56306). There, the court held that the city o...

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