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Government

Jan. 11, 2011

9th Circuit Reverses Course on Rent Control

By ruling on the merits of a rent control case, the 9th Circuit has handed a partial victory to property owners. By Rick E. Rayl and Bradford B. Kuhn of Nossaman.


By Rick E. Rayl and Bradford B. Kuhn


More than a year ago, a three-judge panel of the 9th U.S. Circuit Court of Appeals issued its controversial regulatory takings opinion in Guggenheim v. City of Goleta, holding that the city of Goleta's rent control ordinance constituted a taking. On Dec. 22, 2010, an 11-member, en banc court concluded otherwise, holding that the Guggenheims have no takings claim against the city.


The Guggenheims, th...

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