Donna L. Chessen, Trustee of the 1997 K&M Family Trust Dated 12-11-97 v. City of San Rafael

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DONNA L. CHESSEN, TRUSTEE OF Case No. 21-cv-09713-VC

THE 1997 K&M FAMILY TRUST

DATED 12-11-97,

ORDER GRANTING MOTION TO

Plaintiff, DISMISS v. Re: Dkt. No. 8

CITY OF SAN RAFAEL,

Defendant.

Chessen has not plausibly stated a federal takings claim. Nearly nine years ago, the Ninth Circuit upheld San Rafael’s Mobilehome Rent Stabilization ordinance against a facial takings challenge. MHC Financing Limited Partnership v. City of San Rafael, 714 F.3d 1118, 1122 (9th Cir. 2013) (ordinance does not, among other things, violate the public use requirement or constitute a Penn Central regulatory taking). Chessen asserts that precedent does not foreclose her claim because she has brought an as-applied challenge to the ordinance. But her theory is not that the particular impact of the ordinance on her property requires just compensation. See Levald, Inc. v. City of Palm Desert, 998 F.2d 680, 686 (9th Cir. 1993). Instead, she argues that the ordinance is unconstitutional as applied to her property because it does not, in fact, apply to her property. Whether or not state law applies in…