Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit addressed the case of Gene Cashman and Athena Sutsos versus the City of Cotati. The court suspended consideration of the appellee's petition for rehearing until the Supreme Court's decision in *Lingle v. Chevron USA* was issued. Following the Supreme Court's ruling, which clarified that the "substantially advances" formula is not a valid test for takings claims, the Ninth Circuit granted the City of Cotati's petition for rehearing and withdrew its previous opinion from July 15, 2004. Ultimately, the court affirmed the district court's judgment in favor of the City of Cotati, concluding that Cashman's takings claim, which argued that the city's mobilehome park rent control ordinance constituted an unconstitutional regulatory taking, was precluded by the principles established in *Lingle*. The petition for rehearing was granted, and the prior opinion was officially withdrawn.
Legal Issues Addressed
Affirmation of Lower Court's Judgment on Regulatory Takingssubscribe to see similar legal issues
Application: The Ninth Circuit affirmed the district court's judgment, agreeing that the takings claim based on the city's rent control ordinance was not supported under the principles established in *Lingle*.
Reasoning: Ultimately, the court affirmed the district court's judgment in favor of the City of Cotati, concluding that Cashman's takings claim, which argued that the city's mobilehome park rent control ordinance constituted an unconstitutional regulatory taking, was precluded by the principles established in *Lingle*.
Invalidity of 'Substantially Advances' Test for Takings Claimssubscribe to see similar legal issues
Application: The court applied the Supreme Court's clarification that the 'substantially advances' formula is not a valid test for determining takings claims, impacting the outcome of the case.
Reasoning: Following the Supreme Court's ruling, which clarified that the 'substantially advances' formula is not a valid test for takings claims, the Ninth Circuit granted the City of Cotati's petition for rehearing and withdrew its previous opinion from July 15, 2004.
Reconsideration of a Case After Supreme Court Rulingsubscribe to see similar legal issues
Application: The Ninth Circuit suspended consideration of a rehearing petition pending a Supreme Court decision, and later acted in accordance with the Supreme Court's clarification.
Reasoning: The court suspended consideration of the appellee's petition for rehearing until the Supreme Court's decision in *Lingle v. Chevron USA* was issued.