Burlington & Summit Apartments, Midland Mortgage Co. v. Manolato

(dissenting) — I am unablé to concur in the majority opinion herein and respectfully dissent from the conclusion reached in division III thereof.

The question there decided is stated thus: “Is the provision of section 6432 that no rent is recoverable where a certificate of conformity has not been issued an unreasonable, arbitrary, and oppressive exercise of the police power, in violation of due process?” The majority answer the question in the negative. As applied to the record herein, I would answer in the' affirmative.

One difficulty presented by the record herein is that the question comes…