Legal Opinion
Action Apartment Ass'n v. Santa Monica Rent Control Board
Court of Appeals for the Ninth Circuit
Decided December 3, 2007No. 05-56533PublishedCited by 84 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
In this appeal, we are presented with a claim that Santa Monica’s rent control ordinance is unconstitutional under both the “public use” component of the Fifth Amendment’s Takings Clause and the substantive component of the Fourteenth Amendment’s Due Process Clause. We conclude that the Fifth Amendment claims are not viable, that the facial Fourteenth Amendment claim is time-barred, and that the as applied Fourteenth Amendment claim is unripe. We therefore affirm the judgment of the district court, dismissing the complaint.
I
In 1979, the people of Santa Monica,…
2Cases cited21 opinions
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- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
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3Cited by84 opinions
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- Colony Cove Properties, LLC v. City of CarsonCourt of Appeals for the Ninth Circuit · 2011
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