Judge’s Opinion: El Dorado v. City of Fillmore
By Anonymous — Wednesday, September 3rd, 2014
On November 7, 2013 The Complaint of El Dorado Estates (Plaintiff-Appellant v. City of Fillmore (Defendant-Appellee was submitted to the US Court of Appeals for the Ninth Circuit. El Dorado, a mobile home park owner located in the City of Fillmore alleged that the City interfered with an application for a subdivision of its seniors-only mobile home park by causing unreasonable delays and imposing extralegal conditions because of a fear that subdivisions would lead to El Dorado opening the Park to families. El Dorado's complaint was dismissed for lack of standing. The court concluded, however, that El Dorado had Article III standing where El Dorado suffered a concrete and particularized, actual, injury, in the form of added expenses caused by the City's interference of the application. Accordingly, the court reversed and remanded for further proceedings. Dtd. September 2, 2014. See Judge Richard R. Clifton’s Opinion here: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/02/12-55549.pdf |