MHC Financing Ltd. Partnership v. City of San Rafael

OPINION

THOMAS, Circuit Judge:

As Yogi Berra observed, “it’s deja vu all over again” as we are being “called upon to consider, yet again, a takings challenge to mobile home rent control laws.” Le vald, Inc. v. City of Palm Desert, 998 F.2d 680, 683 (9th Cir.1993). In this appeal, we consider whether San Rafael’s mobilehome rent regulation violates the park owners’ substantive due process rights, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978), or runs afoul of the ‘public use’ requirement of the Fifth…