Legal Opinion
George v. City of Morro Bay (In re George)
Court of Appeals for the Ninth Circuit
Decided August 15, 2002No. Nos. 01-56445, BAP-CC-00-01598-PMOBRPublishedCited by 1 opinion
1Opinion of the Court
OPINION
2Per curiam
Debtors James and Margie George contend that the bankruptcy court did not have jurisdiction to dismiss their 42 U.S.C. § 1983 takings claim, and that the dismissal was incorrect as a matter of law. The defendants, the City of Morro Bay and numerous city officials, move for attorneys’ fees and double costs for defending a frivolous appeal. We affirm the Bankruptcy Appellate Panel’s dismissal of all federal claims and award attorneys’ fees and double costs to the city defendants.
I1
In 1987, debtors entered into a lease with the city for certain nonresidential real property. See In re…
3Cases cited8 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Henderson v. DuncanCourt of Appeals for the Ninth Circuit · 1986
- City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
- Al-Torki v. KaempenCourt of Appeals for the Ninth Circuit · 1996
- Ralph J. Maisano, III and Audrey D. Maisano v. United StatesCourt of Appeals for the Ninth Circuit · 1990
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4Cited by1 opinion
- In Re James F. George, Iii, in Re Margie R. George, Debtors, James F. George, III Margie R. George v. City of Morro Bay, David W. Howell Rick Algert David R. Hunt William Yates Ahnawake Unger Colby Crotzer Ben Luna Cathy Novak Wilhelm Hoppe Tina Hoppe C. Randall CookCourt of Appeals for the Ninth Circuit · 2002