California Court of Appeal
Los Altos El Granada Investors. v. City of Capitola, H027860
Sustaining of demurrer without leave to amend and denial of writ petition, in case involving mobile home rent control ordinance, defendant city's rejection of plaintiff's application to increase rent at mobile home park, and claims for inverse condemnation and unconstitutional taking of property, is reversed where the trial court erred in applying a due process test in determining the takings claim, and in precluding plaintiff from amending its as-applied takings, equal protection, and due process claims when they were ripe.
Appellate Information
- Decided 05/17/2006
- Published 05/17/2006
Judges
- PREMO, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Hart, King & Coldren, Robert C. Coldren, C. William Dahlin, Mark D. Alpert, Santa Ana, for Plaintiff/Appellant, Los Altos El Granada Investors.
- For Appellees:
- Atchison, Barisone, Condotti & Kovacevich, City Attorney, City of Capitola, John G. Barisone, Jr., Santa Cruz, Endeman, Lincoln, Turek & Heater, Henry E. Heater, Linda B. Reich, San Diego, for Defendants/Respondents, City of Capitola Mobilhome Rent, Review Board.