Legal Opinion
City of Berkeley v. 1080 Delaware, LLC
California Court of Appeal
Decided February 26, 2015No. A142162PublishedCited by 3 opinions
1Opinion of the Court
Opinion
POLLAK, Acting P. J.
Defendant 1080 Delaware, LLC (1080 Delaware), the 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 the City of Berkeley (City). Defendant contends the City may not enforce the condition, included in the use permit obtained by former owners of the property, because the ordinance has subsequently been held to have been preempted by the Costa-Hawkins Rental Housing Act (Civ. Code, § 1954.50 et…
2Cases cited7 opinions
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- Travis v. County of Santa CruzCalifornia Supreme Court · 2004
- Pfeiffer v. City of La MesaCalifornia Court of Appeal · 1977
- City of Santee v. Superior CourtCalifornia Court of Appeal · 1991
- Bright Development v. City of TracyCalifornia Court of Appeal · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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