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GHP Management Corporation, et al. v. City of Los Angeles, California, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55013 · judgment May 31, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a business petitioner, and down for a state or local-government respondent.
Question presented
In March 2020, the City of Los Angeles adopted one of the most onerous eviction moratoria in the country, stripping property owners like Petitioners of their right to exclude nonpaying tenants. The City pressed private property into public service, foisting the cost of its coronavirus response onto housing providers to avoid expensive and less expedient—but constitutional—means to help those in need. In doing so, the City in effect imposed and transferred to defaulting tenants an exclusive easement in the private property of others without paying for it. By August 2021, when Petitioners sued the City seeking just compensation for that physical taking, back rents owed by their unremovable tenants had ballooned to over $20 million. The moratorium concluded in 2024. Relying on a mobile home rent control case from this Court, Yee v. City of Escondido, the Ninth Circuit affirmed dismissal of Petitioners’ complaint because they “voluntarily opened” their properties to tenants in the first instance and thus could never state a physical takings claim against the City’s law, drastic as it was. The Federal and Eighth Circuits disagree. In Darby Development Co. v. United States and Heights Apartments, LLC v. Walz, both courts held Yee inapposite and validated identical claims because moratoria like the City’s deprive owners of the right to exclude akin to Cedar Point Nursery v. Hassid. The question presented is: Whether an eviction moratorium depriving property owners of the fundamental right to exclude nonpaying tenants effects a physical taking.
Counsel of record
For petitioner
Taylor Ann Rausch Meehan
Consovoy McCarthy PLLC
For respondent
Jonathan H. Eisenman
Los Angeles City Attorney's Office
Argument & decision
Decided June 30, 2025.
Proceedings
- Jun 30 2025Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 16 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 09 2025DISTRIBUTED for Conference of 6/12/2025.
- Jun 06 2025Letter of June 6, 2025 of GHP Management Corporation, et al. submitted.
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- May 12 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 28 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Apr 01 2025Rescheduled.
- Mar 31 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 26 2025Rescheduled.
- Mar 24 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 20 2025Rescheduled.
- Mar 05 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 28 2025Reply of petitioners GHP Management Corporation, et al. filed.
- Feb 18 2025Brief of respondents City of Los Angeles, et al. in opposition filed.
- Feb 18 2025Brief of respondents Alliance of Californians for Community Empowerment Action, et al. in opposition filed.
- Feb 18 2025Lodging proposal under Rule 32.3 from counsel for respondent City of Los Angeles filed.
- Dec 09 2024Motion to extend the time to file a response from January 2, 2025 to February 18, 2025, submitted to The Clerk.
- Dec 09 2024Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2025, for all respondents.
- Dec 03 2024Response Requested. (Due January 2, 2025)
- Nov 26 2024DISTRIBUTED for Conference of 12/13/2024.
- Nov 18 2024Brief amici curiae of California Apartment Association, et al. filed.
- Nov 18 2024Brief amici curiae of More Housing Now!, et al. filed.
- Nov 18 2024Brief amici curiae of Apartment Association of Los Angeles County, Inc., et al. filed.
- Nov 18 2024Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Nov 18 2024Brief amici curiae of The Buckeye Institute, et al. filed.
- Nov 15 2024Brief amicus curiae of GRE Downtowner LLC filed.
- Nov 15 2024Brief amicus curiae of Citizen Action Defense Fund filed.
- Nov 15 2024Brief amicus curiae of Minnesota Multi Housing Association filed.
- Nov 15 2024Brief amicus curiae of Washington Business Properties Association filed.
- Nov 14 2024Brief amicus curiae of Liberty Justice Center filed.
- Nov 13 2024Waiver of right of respondents Alliance of California for Community Empowerment Action; Strategic Action for a Just Economy; and Coalition for Economic Survival to respond filed.
- Nov 12 2024Waiver of right of respondent City of Los Angeles to respond filed.
- Nov 12 2024Brief amici curiae of The Small Property Owners of San Francisco Institute, et al. filed.
- Oct 15 2024Petition for a writ of certiorari filed. (Response due November 18, 2024)
- Aug 08 2024Application (24A150) granted by Justice Kagan extending the time to file until October 13, 2024.
- Aug 06 2024Application (24A150) to extend the time to file a petition for a writ of certiorari from August 29, 2024 to October 13, 2024, submitted to Justice Kagan.