No. 22-739
David Kagan, et al. v. City of Los Angeles, California, et al.
Amici (3)Response RequestedResponse WaivedRelisted (3)
Tags: constitutional-law due-process eminent-domain eviction physical-occupation physical-taking property-rights rent-control rent-stabilization takings tenant-protection
Key Terms:
SocialSecurity Takings DueProcess JusticiabilityDoctri
SocialSecurity Takings DueProcess JusticiabilityDoctri
Latest Conference:
2023-09-26
(distributed 3 times)
Question Presented (from Petition)
Whether a law that bars termination of a tenancy, and compels the occupation of property by an unwanted tenant, amounts to a per se, physical taking, as the Eighth Circuit held in Heights Apartments, LLC v. Walz, 30 F.4th 720 (8th Cir. 2022), or is instead a permissible regulation of property under Yee v. City of Escondido, 503 U.S. 519 (1992), as the Ninth Circuit held below.
Question Presented (AI Summary)
Whether a law that bars termination of a tenancy, and compels the occupation of property by an unwanted tenant, amounts to a per se, physical taking
Docket Entries
2023-10-02
Petition DENIED.
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-05-23
Lodging proposal letter under Rule 32.3 of respondent filed.
2023-05-23
Rescheduled.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Reply of petitioners David Kagan, et al. filed.
2023-05-03
Brief of respondents City of Los Angeles, California, et al. in opposition filed.
2023-04-03
Brief amici curiae of Community Housing Improvement Program and Rent Stabilization Association of N.Y.C., Inc. in support of neither party filed.
2023-04-03
Brief amicus curiae of Apartment Association of Los Angeles County, Inc. filed.
2023-03-08
Rule 32.3 letter from amici curiae San Francisco Apartment Association, et al. proposing to lodge non-record material filed.
2023-03-08
Brief amici curiae of San Francisco Apartment Association, et al. filed.
2023-03-07
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
2023-03-06
Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
2023-03-03
Response Requested. (Due April 3, 2023)
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent City of Los Angeles, et al. to respond filed.
2023-02-03
Petition for a writ of certiorari filed. (Response due March 9, 2023)
Attorneys
Apartment Association of Los Angeles County, Inc.
Douglas J. Dennington — Rutan & Tucker LLP, Amicus
City of Los Angeles, et al.
Jonathan H. Eisenman — Los Angeles City Attorney's Office, Respondent
Community Housing Improvement Program and Rent Stabilization Association of N.Y.C., Inc.
Andrew John Pincus — Mayer Brown LLP, Amicus
David Kagan, et al.
J. David Breemer — Pacific Legal Foundation, Petitioner
San Francisco Apartment Association et al.