Beverly Boulevard LLC v. City of West Hollywood

MEMORANDUM **

The City of West Hollywood appeals the district court’s grant of summary judgment in favor of Beverly Boulevard, LLC, with regard to one of Beverly’s claims for declaratory and injunctive relief based on the Fifth Amendment Takings Clause. Beverly cross-appeals the district court’s grant of summary judgment in favor of the City with regard to Beverly’s other takings claim and Beverly’s claim under the First Amendment. Also before us are cross-appeals of the district court’s award of attorney’s fees to Beverly.

*212 I. Fifth and Fourteenth Amendment Takings Claims

We need not resolve whether this claim is ripe under the standards articulated in Williamson County Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 , 105 S.Ct. 3108 , 87 L.Ed.2d 126 (1985). Williamson sets forth a prudential rule, see Suitum v. Tahoe Reg’l Planning Agency, 520 U.S. 725 , 733-34 & n. 7, 117 S.Ct. 1659 , 137 L.Ed.2d 980 (1997), and we may therefore assume without deciding that the takings claims are ripe in order to reject them on the merits. See Weinberg v. Whatcom County, 241 F.3d 746 , 752 n. 4 (9th Cir.2001); accord Grubbs v. Bailes, 445 F.3d 1275, 1281 (10th…