Landlords on Friday mounted the latest challenge to the Centers for Disease Control’s nationwide freeze on many residential evictions during the COVID-19 pandemic, urging the 11th U.S. Circuit Court of Appeals to block the ban.

Caleb Kruckenberg of New Civil Liberties Alliance, a lawyer for the landlord group National Apartment Association and several individual landlords who sued to challenge the eviction moratorium, told the three-judge panel that his clients “can’t use their own property,” asking the court to issue a preliminary injunction allowing evictions to proceed.

Alisa Klein of the U.S. Department of Justice countered that U.S. District Judge J.P. Boulee in Atlanta correctly denied the injunction last year because the temporary moratorium was not an irreparable harm.

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