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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pennell v. City of San Jose, 485 U.S. 1 (1988)

Citation
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Parent Document
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Effective Date
1988-02-24

Other Sections in This Document (112)

Full Text

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Justice O’Connor joins, concurring in part and dissenting in part.
I agree that the tenant hardship provision of the Ordinance does not, on its face, violate either the Due Process Clause or the Equal Protection Clause of the Fourteenth Amendment. I disagree, however, with the Court’s conclusion that appellants’ takings claim is premature. I would decide that claim on the merits, and would hold that the tenant hardship provision of the Ordinance effects a taking of private property without just compensation in violation of the Fifth and Fourteenth Amendments. I