Colony Cove Properties, LLC v. City of Carson, et al, No. 09-57039 (9th Cir. 2011)
Annotate this CasePlaintiff sued defendant alleging that defendant's 1979 mobile home rent control ordinance and its implementation guidelines adopted by a 2006 amendment violated plaintiff's constitutional rights where the ordinance and its guidelines deprived mobile home park owners of the value of their property and transferred it to park residents who are able to sell their mobile homes at a premium because they are located on rent-controlled spaces. At issue was whether plaintiff's facial takings claim was properly dismissed for being time-barred and plaintiff's takings claim properly dismissed for being unripe. Also at issue was whether plaintiff's due process claim was properly dismissed for lack of subject matter jurisdiction and failure to state a claim. The court held that plaintiff's facial takings claim was properly time-barred where plaintiff did not timely file its claim and where the 2006 amendment cannot be reasonably read as a substantive amendment to the 1979 ordinance that altered its effect on mobile home park owners. The court held that plaintiff's takings claim was properly dismissed where plaintiff failed to seek relief via writ of mandate and a Kavanau adjustment. The court held that plaintiff's due process claim was properly dismissed where the factual allegations in the Complaint do not provide a sufficient basis for a claim that defendant's actions were arbitrary, irrational, or lacking any reasonable justification in the service of a legitimate government interest.
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