MCCLAIN

v.

ORR ET AL.

Citator

Cited By

• YEE v. City of Escondido, 503 U.S. 519 (U.S. 1992)
  …ction to rent his property or to refrain in perpetuity from terminating a tenancy. See Florida Power, supra, at 251-252, n. 6; see also Nollan v. California Coastal Comm’n, 483 U. S. 825, 831-832 (1987); Fresh Pond Shopping Center, Inc. v. Callahan, 464 U. S. 875, 877 (1983) (Rehnquist, J., dissenting). On their face, the state and local laws at issue here merely regulate petitioners’ use of their land by regulating the relationship between landlord and tenant. “This Court has consistently affirmed that Sta…
• Fed. Commc'ns Comm'n v. Fla. Power Corp., 480 U.S. 245 (U.S. 1987)
  …egulating the economic relations of landlords and tenants are not per se takings. Id., at 440; see Bowles v. Willingham, 321 U. S. 503, 517-518 (1944); Block v. Hirsh, 256 U. S. 135, 157 (1921); see also Fresh Pond Shopping Center, Inc. v. Callahan, 464 U. S. 875 (1983) (dismissing challenge to rent control ordinance under Loretto for want of substantial federal question). “So long as these regulations do not require the landlord to suffer the physical occupation of a portion of his building by a third party…
• Williams C. Hall and Jean G. Hall v. City OF Santa Barbara, 833 F.2d 1270 (9th Cir. 1986)
  …cking a substantial federal question. Fisher v. City of Berkeley, 471 U.S. 1124, 105 S.Ct. 2653, 86 L.Ed.2d 270 (1985); Nash v. City of Santa Monica, 470 U.S. 1046, 105 S.Ct. 1740, 84 L.Ed.2d 807 (1985); Fresh Pond Shopping Center, Inc. v. Callahan, 464 U.S. 875, 104 S.Ct. 218, 78 L.Ed.2d 215 (1983). The panel decision is thus contrary to controlling authority. The decision also conflicts with another circuit’s opinion rejecting a similar taking challenge in light of the Supreme Court’s dismissal of Fresh P…

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