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New Cert Petition: Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Requiring Owners To Chase Pointless Denials?
Here’s the cert petition (filed yesterday) which asks whether a takings challenge to rent control which is justiciable under Article III (plaintiff has suffered a concrete injury that is fairly traceable to the challenged restrictions, and a ruling will redress that injury) may nonetheless be dismissed because the court believes that if the owner would only continue to chase the government via its own…
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