September 17, 2007 Ninth Circuit Decisions
On Monday, September 17, 2007, the Ninth Circuit issued three new published decisions and amended one previously issued decision:
In Equity Lifestyle v. County of San Luis Obispo, the Ninth Circuit affirmed the dismissal of a takings-based challenge to a rent control ordinance enacted in 1984. The Court held the as-applied challenge unripe as there was a failure to exhaust administrative remedies for rent-control takings claims, and the facial challenge was barred by the statute of limitations. The Court also rejected due process and equal protection claim as the rent control measures are rationally related to a legitimate government purpose.
In Corrie v. Caterpillar, Inc., the Ninth Circuit held that the plaintiffs claims could not proceed as adjudication of the claims was precluded by the political question doctrine. The claims arose because the Plaintiffs’ family members were killed or injured when Israeli Defense Forces (IDF) demolished homes in the Palestinian Territories using bulldozers ordered from Caterpillar by the IDF but paid for by the U.S. Government.
In U.S. v. Mayer, the Ninth Circuit amended the previously amended opinion filed June 20, 2007, with additional alterations in wording, and otherwise denied the petition for rehearing.
In Thacker v. FCC, the Ninth Circuit held that the FCC’s extinguishment of licenses terminates any interest of the former licensee, rejecting the claim of the bankruptcy trustee of the former licensee to an interest in the proceeds of the auction of new licenses for the same radio frequency spectrum.
