No. 21-1181

Lyndsey Ballinger, et al. v. City of Oakland, California

Lower Court: Ninth Circuit
Docketed: 2022-02-28
Status: Denied
Type: Paid
Amici (3)
Tags: dolan-v-city-of-tigard due-process fourth-amendment nollan-v-california-coastal-commission property-rights seizure state-action takings tenant-rights unconstitutional-conditions
Key Terms:
SocialSecurity FourthAmendment DueProcess Takings JusticiabilityDoctri
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission and Dolan v. City of Tigard apply to an ordinance that requires rental owners to make a payment to a tenant before the owners may end the tenancy and reoccupy their home

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), apply to an ordinance that requires rental owners to make a payment to a tenant before the owners may end the tenancy and reoccupy their home. 2. Whether “state action” sufficient to justify a Fourth Amendment “seizure” claim exists when a law directs the transfer of property from one private citizen to another. ii LIST OF ALL PARTIES Lyndsey and Sharon Ballinger were the plaintiffs in the district court and appellants in the Ninth Circuit Court of Appeals and are the petitioners herein. The City of Oakland, California, is the municipal respondent. STATEMENT OF RELATED CASES The proceedings identified below are directly related to the above-captioned case in this Court. Ballinger v. City of Oakland, No. 18-cv-07186HSG, 398 F. Supp. 3d 560 (N.D. Cal. Aug. 2, 2019). Ballinger v. City of Oakland, No. 19-16550, __ F.4th __, 2022 WL 289180 (9th Cir. Feb. 1, 2022).

Docket Entries

2022-06-06
Petition DENIED.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-06
Reply of petitioners Lyndsey Ballinger, et al. filed.
2022-04-29
Brief of respondent City of Oakland in opposition filed.
2022-03-30
Brief amici curiae of San Francisco Apartment Association and Small Property Owners of San Francisco Institute filed.
2022-03-30
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
2022-03-30
Brief amici curiae of Apartment Association of Los Angeles County, Inc., et al. filed.
2022-03-22
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2022.
2022-03-21
Motion to extend the time to file a response from March 30, 2022 to April 29, 2022, submitted to The Clerk.
2022-03-04
Blanket Consent filed by Petitioner, Lyndsey Ballinger, et al.
2022-02-24
Petition for a writ of certiorari filed. (Response due March 30, 2022)

Attorneys

Apartment Association of Los Angeles County, Inc.; Apartment Owners Association of California, Inc.; California Association of Realtors; California Rental Housing Association; Santa Barbara Apartment Association, Inc.
Paul J. Beard IIFisherBroyles LLP, Amicus
Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
City of Oakland
Kevin Peter McLaughlinOakland City Attorney's Office, Respondent
Lyndsey Ballinger, et al.
J. David BreemerPacific Legal Foundation, Petitioner
San Francisco Apartment Association and Small Property Owners of San Francisco Institute
Andrew M. ZacksZacks, Freedman & Patterson, PC, Amicus