California Court of Appeal

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City of Berkeley v. 1080 Delaware, A142162

In this case, defendant-owner of a mixed-use residential rental project in Berkeley appeals from a judgment compelling it to comply with a condition in the use permit for the project requiring compliance with the inclusionary housing ordinance of plaintiff City of Berkeley. The judgment is affirmed, where although the ordinance has now been preempted by the Costa-Hawkins Rental Housing Act, the City may nonetheless enforce the condition of the use permit, the validity of which was not challenged in the many years since the permit was issued.

Appellate Information

  • Decided 02/26/2015
  • Published 02/26/2015


  • Pollak


  • California Court of Appeal