Legal Opinion
Casella v. City of Morgan Hill
California Court of Appeal
Decided May 10, 1991No. H006972PublishedCited by 19 opinions
1Opinion of the Court
Opinion
ELIA, J.
Appellants, owners of a mobilehome park, challenge a City of Morgan Hill mobilehome rent control ordinance, claiming that its lack of a “vacancy decontrol” provision, which allows rents to be returned to market levels when a tenant leaves, effected a taking of their property without just compensation. We conclude that the pleadings here state facts insufficient to constitute a taking, and join the other California appellate district which has rejected the contrary result espoused by the Ninth Circuit Court of Appeals in Hall v. City of Santa Barbara (9th Cir. 1986) 833 F.2d…
2Cases cited19 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tudor Ranches, Inc. v. State Comp. Ins. FundCalifornia Court of Appeal · 1998
- Garrick Development Co. v. Hayward Unified School DistrictCalifornia Court of Appeal · 1992
- PARKOWNERS ASS'N v. City of MontclairCalifornia Court of Appeal · 1999
- Legarra v. Federated Mutual InsuranceCalifornia Court of Appeal · 1995
- Sierra Lake Reserve v. The City of Rocklin the Rocklin Mobile Home Rent Review Commission Carlos Urrutia Rusty Selix Rudolf Michaels George ParasCourt of Appeals for the Ninth Circuit · 1991
14 more not listed; retrieve them via the Exa API.