Legal Opinion

United States Postal Service v. City of Berkeley

District Court, N.D. California

Decided January 12, 2017No. C 16-04815 WHAPublishedCited by 3 opinions

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS

William Alsup, United States District Judge

INTRODUCTION

In this action by the United States Postal Service to declare unlawful and enjoin the application of a zoning ordinance enacted by the City of Berkeley, the City moves to dismiss. The motion is Denied.

STATEMENT

The following facts are taken from the complaint. The USPS owns and operates the Berkeley Main Post Office at 2000 Allston Way in Berkeley, California. In 2012, the USPS decided to reduce costs by selling that post office and moving to a smaller location. From 2012 to 2013, the USPS solicited community…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. United States v. O'BrienSupreme Court of the United States · 1968

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3Cited by3 opinions

  1. Student Loan Servicing Alliance v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2018
  2. Student Loan Servicing Alliance v. TaylorDistrict Court, District of Columbia · 2018
  3. The GEO Group Inc v. City of TacomaDistrict Court, W.D. Washington · 2019

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