99 Cents Only Stores v. Lancaster Redevelopment Agency

*124 MEMORANDUM *

Lancaster appeals the district court’s order enjoining Lancaster from initiating eminent domain proceedings with the purpose or effect of displacing 99 Cents’ current leasehold and permitting the physical expansion of Costco onto that property. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. At the time that 99 Cents filed its complaint in district court, the controversy was ripe. Once Lancaster passed Resolution 21-00, 99 Cents faced a “a realistic danger of sustaining a direct injury as a result of the statute’s operation or enforcement.” City of Auburn v. Qwest Corp., 260 F.3d 1160, 1170 (9th Cir.2001). Because 99 Cents challenged the ordinance as authorizing a private taking, it was not required to exhaust state condemnation proceedings prior to instituting a federal action. Armendariz v. Penman, 75 F.3d 1311 , 1321 n. 5 (9th Cir.1996).

2. We affirm the district court’s conclusion that the controversy was not moot at the time that the district court entered its injunction order. Lancaster had repealed the ordinance authorizing condemnation proceedings prior to the district court’s decision. A…