Cashman
Cashman v. City of Cotati
Opinion
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/ CITY OF COTATI, a municipal RS corporation, Northern District of Defendant-Appellee. California, Oakland
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…