Blog, News, Uncategorized
Guggenheim v. City of Goleta
July 19, 2010 by parkguy1 · Leave a Comment
As a follow up to my earlier Guggenheim v. City of Goleta post, the decision now being heard En Banc was argued and submitted on June 22, 2010. This decision is clearly of major importance to all rent control park Owners. The brief submitted to the court by the City of Goleta, arguing to overturn the decision can be read here.
Richard A. Epstein (University of Chicago – Law School) has posted “Takings Made hard.” Here is the abstract:
- “The novel opinion of Ninth Circuit Judge Jay Bybee in Guggenheim v. City of Goleta could threaten the tortured jurisprudence that has protected regulatory takings and other property rights infringements from Fifth Amendment challenges. This article describes that jurisprudence, explains the economic and legal thinking underlying Judge Bybee’s opinion, and identifies a number of technical deficiencies with his opinion. The Supreme Court will likely take up an appeal of Judge Bybee’s opinion; hopefully it will use that opportunity to correct the Court’s many errors that have eroded property rights.”
- Read the full article here.
