Will the Vacancy Control Provisions in Goleta's Rent Control Ordinance for Mobile Home Parks be Upheld in the Latest Court Battle?

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The Ninth Circuit is poised to reconsider its controversial decision that a vacancy control provision in a rent control ordinance for mobile home parks in the City of Goleta caused a taking of private property under the Fifth Amendment. The split decision by a three judge panel in Guggenheim v. City of Goleta, 2009 WL 3068152 (C.A.9 (Cal.)) generated considerable attention and concern from municipal governments and affordable housing advocates who believe the opinion could have a devastating effect on the ability of municipalities to fulfill the state mandate to provide affordable housing for all citizens. Briefs have been filed by both parties in the case as well as 28 amici (13 amicus briefs). Oral argument will be heard on June 22 in Pasadena, CA.

To see the vacated three judge panel opinion, click this link - Guggenheim panel opinion. To see Meyers Nave's two prior e-alerts on this case, click on these links - October 1, 2009 e-alert and  March 24, 2010 e-alert.

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