MANKO

v.

UNITED STATES

Citator

Cited By

• Williams C. Hall and Jean G. Hall v. City OF Santa Barbara, 833 F.2d 1270 (9th Cir. 1986)
  …identical to three rent regulation challenges that the Supreme Court dismissed in recent years as lacking 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’…
• Sierra Lake Reserve v. The City OF Rocklin, 938 F.2d 951 (9th Cir. 1991)
  …., Fisher v. City of Berkeley, 37 Cal.3d 644, 693 P. 2d 261, 209 Cal.Rptr. 682 (1984), aff'd, 475 U.S. 260, 106 S.Ct. 1045, 89 L.Ed.2d 206 (1986); Nash v. City of Santa Monica, 37 Cal.3d 97, 688 P. 2d 894, 207 Cal.Rptr. 285 (1984), appeal dismissed, 470 U.S. 1046, 105 S.Ct. 1740, 84 L.Ed.2d 807 (1985); Birkenfeld v. City of Berkeley, 17 Cal.3d 129, 550 P. 2d 1001, 130 Cal.Rptr. 465 (1976). Even when they found a rent control ordinance unconstitutional, the remedy they granted was invalidation rather than com…
• Schnuck v. City OF Santa Monica, 935 F.2d 171 (9th Cir. 1991)
  …nica Rent Control Law and that, accordingly, the damages remedy was illusory. Schnuck relies primarily on Nash v. City of Santa Monica, 37 Cal.3d 97, 688 P. 2d 894, 207 Cal.Rptr. 285 (1984), appeal dismissed for want of substantial federal question, 470 U.S. 1046, 105 S.Ct. 1740, 84 L.Ed.2d 807 (1985), in which the Supreme Court of California stated that the Rent Control Law’s prohibition on eviction, as applied to a landlord who wished to raze his rental building, did not constitute a taking under either th…