Legal Opinion

San Jose Investments, Ltd. v. City of San Jose

Court of Appeals for the Ninth Circuit

Decided December 24, 2002No. 02-15365; D.C. No. CV-01-20520-RMW/PVTPublished

1Opinion of the Court

MEMORANDUM**

The district court, relying on the Rook-er-Feldman doctrine, properly dismissed the claims of San Jose Investments (“Park Owners”) for lack of subject matter jurisdiction. Park Owners alleged that the mobile home rent control ordinance (“Ordinance”) was ripe for an as-applied challenge because the state court in the underlying state litigation applied the Ordinance to the Park when it found that the long-term leases were illegal. Relief in the district court, however, would effectively overturn the state court decision, which is impermissible. See Fontana Empire Center, LLC v.…

2Cases cited3 opinions

  1. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  2. Dubinka v. Judges of the Superior Court of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
  3. Fontana Empire Center, Llc v. City Of FontanaCourt of Appeals for the Ninth Circuit · 2002

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