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Guggenheim v. City of Goleta (9th Cir. - March 12, 2010)

By Shaun Martin

I feel bad repeatedly talking about en banc review during the last couple of days. I know I must sound like a broken record sometime.

That said, it's an important component of the process.

Here's a case that I said back in September would probably get taken en banc even though the panel opinion was joined by both Judge Bybee and Judge Goodwin. Even though it was a largely fact-bound opinion about whether a particular city's mobile home ordinance constituted a taking.

And today the Ninth Circuit did precisely that. If only to prove that even a broken clock -- like a law professor -- is typically correct at least twice a day.

(I say "typically" since a broken clock is potentially correct three times on the day that daylight savings time ends and potentially only once on the day daylight savings time begins.)

Full post as published by California Appellate Report on March 12, 2010 (boomark / email).