Legal Action Center
AASPO Files Brief In United Supreme Court on Important Case Out of California.
The American Association of Small Property Owners (AASPO) filed a brief in the United States Supreme Court as amicus curiae in the case of Galland v. City of Clovis*. In our brief, filed on July 19, 2001, we are asking the Supreme Court to accept the petition for certiorari filed by the property owners. The Gallands had obtained a million dollar judgment under the federal Civil Rights Act (42 U.S.C. Sec. 1983) against the City of Clovis for violation of the Gallands’ substantive and procedural due process rights in the implementation of a local rent ordinance. But the state supreme court reversed the judgment and remanded the case back to the city for further proceedings. We see dangerous precedent, both in California and other states, if federal constitutional rights are subordinated to state law procedures.
The full brief will be posted on the AASPO web. It was written and filed by AASPO president, Pat Callahan, who is a member of the U.S. Supreme Court bar.
* No. 00-1903 (USSC); and Galland v. City of Clovis, 24 Cal.4th 1003, 103 Cal.Rptr.2d 711 (2001)
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