Save Lincoln Place Apartments! Venice, California

About the Marlin v. AIMCO Lawsuit

On July 15, 2005, the Marlins, long-time tenants at Lincoln Place, filed for Declaratory Relief asking the court to clarify how AIMCO could evict them under the Ellis Act (a state law) when the Tract Map (AIMCO's redevelopment plan for Lincoln Place) had mitigating conditions which assured them that they would not be evicted.

On August 17, 2005, AIMCO filed an Anti-SLAPP Motion against the Marlins claiming that when AIMCO filed the eviction papers with the Los Angeles Housing Department this constituted a "petition" which is protected under the First Amendment and that therefore the Marlins had violated AIMCO's First Amendment rights. On November 16, 2005, the court ruled in favor of AIMCO and the Marlins filed a timely appeal. This case is currently in the Court of Appeals, the opening brief was filed on June 23. AIMCO's response is due on September 22. The hearing will be in the same Division of the Court of Appeals as the July 2005 case and should occur sometime in December 2006 or January 2007.

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