United States v. 2005-07-14 | 03-15066 | CASHMAN VCITY OF COTATI | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 GENE CASHMAN; ATHENA SUTSOS, No. 03-15066
Plaintiffs-Appellants, D.C. No.
v. CV-99-03641-SBA/
RS  CITY OF COTATI, a municipal Northern District ofcorporation, California, OaklandDefendant-Appellee.
ORDER

Filed July 15, 2005
Before: Arthur L. Alarcón, Robert R. Beezer, and
William A. Fletcher, Circuit Judges.
ORDER
This court suspended consideration of appellee’s petition
for rehearing and rehearing en banc pending the Supreme
Court’s issuance of a decision in Lingle v. Chevron USA, 125
S. Ct. 2074 (2005). The Supreme Court’s opinion in Lingle
requires us to grant the City of Cotati’s petition for rehearing
and to withdraw our opinion filed July 15, 2004.
We affirm the district court’s judgment in favor of the City
of Cotati. See, e.g., Lentini v. Center for the Arts, 370 F.3d
837, 850 (9th Cir. 2004) (affirming district court’s judgment
after trial on a different ground). Cashman’s takings claim,
which alleges that the City of Cotati’s mobilehome park rent
control ordinance effects an unconstitutional regulatory taking
by failing to substantially advance a legitimate government
interest, is foreclosed by Lingle. 125 S. Ct. at 2087 (holding
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that the “substantially advances formula is not a valid takings
test” (internal quotation marks omitted)).
The petition for rehearing is GRANTED. Our prior opinion
filed July 15, 2004 is WITHDRAWN. The district court’s
judgment in favor of the City of Cotati is AFFIRMED.
8250 CASHMAN v. CITY OF COTATI

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