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U.S. Supreme Court,
Real Estate/Development,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Jun. 29, 2021

High court vacates 9th Circuit in condo takings case

Jeffrey W. McCoy, an attorney with the Pacific Legal Foundation who represents the plaintiffs, said the Fifth Amendment takings dispute may have broader implications than just the case over a San Francisco apartment building.

High court vacates 9th Circuit in condo takings case
Judge Daniel P. Collins dissented in a case in which the 9th U.S. Circuit Court of Appeals upheld a city of San Francisco rule that required a condo owner to offer a tenant a lifetime lease. The U.S. Supreme Court vacated the 9th Circuit decision and sent the case back on remand.

The U.S. Supreme Court vacated a 9th U.S. Circuit Court of Appeals decision in favor of San Francisco Monday in its dispute with property owners who wanted to convert one of their units to a condominium or be compensated if they had to offer a tenant a lease.

The high court, in a per curiam order, disagreed with the lower court and concluded the city's decision was ripe for judicial resolution.

"The...

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