No. 25-68

James Thomas Ballard, Individually and as Trustee of the James T. Ballard Millennium Trust, dated January 9, 2002 v. City of West Hollywood, California, et al.

Lower Court: Ninth Circuit
Docketed: 2025-07-18
Status: Denied
Type: Paid
Response Waived
Tags: amendment-standard covid-19-restrictions due-process municipal-regulation property-rights takings-clause
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether a municipality may transform temporary
emergency rent restrictions and occupancy mandates
adopted at the start of the COVID-19 pandemic into
permanent rent control measures that expand benefits
to tenants and the public at large at the expense of
private property owners, without triggering scrutiny
under the Takings and Due Process Clauses of the
Fifth and Fourteenth Amendments of the U.S.
Constitution.

2. Whether the denial of leave to amend, despite the
viability of property claims for takings and due
process violations, constituted an abuse of discretion
under this Court's liberal standard for amendment
under Federal Rule of Civil Procedure 15(a).

Question Presented (AI Summary)

Whether a municipality may transform temporary emergency rent restrictions and occupancy mandates adopted at the start of the COVID-19 pandemic into permanent rent control measures that expand benefits to tenants and the public at large at the expense of private property owners, without triggering scrutiny under the Takings and Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution

Docket Entries

2025-10-06
Petition DENIED.
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-08-05
Waiver of City of West Hollywood, et al. of right to respond submitted.
2025-08-05
Waiver of right of respondent City of West Hollywood, et al. to respond filed.
2025-07-16

Attorneys

City of West Hollywood, et al.
Amy Eileen HoytBest Best & Krieger LLP, Respondent
James Ballard
James T. Ballard — Petitioner