United States Ninth Circuit

In an action brought by an Arizona tax lawyer challenging as an unconstitutional taking the Arbitrator Appointment System of an Arizona county, summary judgment for defendants is affirmed where: 1) the challenge to the Appointment System is properly considered under the Penn Central regulatory takings test; and 2) applying such test, the impact of the Appointment System on plaintiff does not amount to a taking for which he is entitled to compensation under the Fifth Amendment.

Appellate Information

• Argued 10/18/2007
• Decided 11/15/2007
• Published 11/15/2007

Judges

• CALLAHAN, Circuit Judge:, Before:  JANE R. ROTH,SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark V. Scheehle, of Prescott Valley, AZ, for plaintiff-appellant Mark V. Scheehle.


• For Appellees:
  
• Terry Goddard, Arizona Attorney General, and Paula S. Bickett (argued), Chief Counsel-Civil Appeals, of Phoenix, AZ, for the defendants-appellees.