Ninth Circuit Strikes Down Rent Control Ordinance Under Takings Clause

This split panel decision from the Ninth Circuit Court of Appeals will likely go en banc:

Daniel Guggenheim and others bring a facial challenge to the City of Goleta’s mobile home rent control ordinance.
The district court did not address either the standing or ripeness questions due to the unusual procedural history of the case, but implicitly found the case was properly brought. The district court found that no taking had occurred. For the reasons explained below, we agree with the district court that this case is properly brought and ripe for decision, but we disagree with the district court on the merits of the takings claim. Because we find that a taking has occurred, we reverse and remand to the district court to determine what compensation is due. We affirm the district court’s judgment on the due processand equal protection claims.
Guggenheim v. City of Goleta, No. 06-56306 (9th Cir. Sep 28, 2009) (here).