Legal Opinion
Besaro Mobile Home Park v. City of Fremont
California Court of Appeal
Decided March 1, 2012No. A130753PublishedCited by 3 opinions
1Opinion of the Court
Opinion
NEEDHAM, J.
—Appellant Besaro Mobile Home Park, LLC, doing business as Besaro Mobile Home Park (Besaro), owns and operates a mobilehome park in respondent the City of Fremont (the City). In 2009, Besaro applied for a “major rent increase” under the City’s mobilehome rent control ordinance. Although Besaro admitted that it was currently receiving a fair rate of return on its investment, it argued that the rents should be raised to the market rate because the market rate was not excessive, and rent control is constitutionally limited to preventing excessive rents. The application was…
2Cases cited16 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
- Birkenfeld v. City of BerkeleyCalifornia Supreme Court · 1976
- MHC Operating Limited Partnership v. City of San JoseCalifornia Court of Appeal · 2003
- Kavanau v. Santa Monica Rent Control BoardCalifornia Supreme Court · 1997
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3Cited by3 opinions
- Bottini v. City of San Diego, California Court of Appeal, 5th District2018
- Bottini v. City of San DiegoCalifornia Court of Appeal · 2018
- Owens v. City and County of San Francisco CA1/4California Court of Appeal · 2021