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Lyndsey Ballinger, et al. v. City of Oakland, California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-16550 · judgment February 1, 2022

Certiorari denied · June 6, 2022
Pre-decision estimate: 48% cert probability (95% interval 36%–60%)

Before the decision, about 11.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Ninth Circuit decision below, and down for a state or local-government respondent.

Questions presented

  1. Whether the unconstitutional conditions tests in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), apply to an ordinance that requires rental owners to make a payment to a tenant before the owners may end the tenancy and reoccupy their home.

  2. Whether “state action” sufficient to justify a Fourth Amendment “seizure” claim exists when a law directs the transfer of property from one private citizen to another.

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Kevin Peter McLaughlin
Oakland City Attorney's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

  1. Jun 06 2022
    Petition DENIED.
  2. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  3. May 06 2022
    Reply of petitioners Lyndsey Ballinger, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Apr 29 2022
    Brief of respondent City of Oakland in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Mar 30 2022
    Brief amici curiae of San Francisco Apartment Association and Small Property Owners of San Francisco Institute filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Mar 30 2022
    Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Mar 30 2022
    Brief amici curiae of Apartment Association of Los Angeles County, Inc., et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Mar 22 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2022.
  9. Mar 21 2022
    Motion to extend the time to file a response from March 30, 2022 to April 29, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  10. Mar 04 2022
    Blanket Consent filed by Petitioner, Lyndsey Ballinger, et al.
    Blanket Consent
  11. Feb 24 2022
    Petition for a writ of certiorari filed. (Response due March 30, 2022)
    PetitionAppendixCertificate of Word CountProof of Service