United States Ninth Circuit

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Colony Cove Properties, LLC v. City of Carson, 16-56255

Reversing a district court judgment and remanding to enter judgment to the defense in an action brought by a mobile home park owner alleging that the City of Carson engaged in an unconstitutional taking in violation of the Fifth Amendment when it approved a lower rent increase than the plaintiff requested because the plaintiff didn't provide enough evidence to create a triable issue of fact regarding the economic impact of the denial and holding that the city action couldn't be characterized as a physical invasion by the government resulting in a reasonable determination that their decision resulted in the functional equivalent of a direct appropriation of the property.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/04/23

Judges

  • HURWITZ

Court

  • United States Ninth Circuit

Counsel


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