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.
AdministrativeLaw DueProcess FifthAmendment Takings
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
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).