Lyndsey Ballinger, et al. v. City of Oakland, California
SocialSecurity FourthAmendment DueProcess Takings JusticiabilityDoctri
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
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).