9th Circuit rules against owners in latest San Remo Hotel round.(Takings)

California Planning & Development Report | May 1, 2004 | Copyright

Owners of the San Remo Hotel in San Francisco have lost the latest round in their 11-year litigation over the city's ordinance restricting the conversion of residential hotels to tourist use.

In the latest decision, the Ninth U.S. Circuit Court of Appeals declined to rule on the hotel owners' takings claims because the state Supreme Court had already decided the claims. Because the state court had ruled, the Ninth Circuit panel said it was precluded from revisiting the same questions.

"The facial and as-applied takings challenges raised in state court are ...

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