Real Estate/Development,
Government,
Contracts
Sep. 28, 2022
Apartment owners prevail in COVID-19 test
The Contract Clause analysis was interesting because such challenges have traditionally faced upstream battles. Here, however, the court pulled together all of the Supreme Court’s Contract Clause cases and concluded that such a claim was valid.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
In a recent test of the judicial strength of apartment owners' arguments against state-wide COVID-19 mandates, the owners came out on top in a federal case arising in Minnesota. In Heights Apartments, LLC v. Walz, 30 F.4th 720 (8th Cir. 2020), an apartment owner challenged a state-wide eviction moratorium and won - at least at the pleading stage.
As have executives in many jurisdictions in attempting to deal with the impacts of the...
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