Rancho de Calistoga v. City of Calistoga, No. 12-17749 (9th Cir. 2015)Annotate this Case
The Park, a mobile home park, filed suit against the City, challenging Ordinance 644, asserting claims for, among other things, violations of the Takings, Due Process, and Equal Protection Clauses of the United States Constitution. Ordinance 644's purpose is to “stabilize mobile home park space rents” to, among other things, “[p]revent exploitation of the shortage of vacant mobile home park spaces,” “[p]revent excessive and unreasonable . . . rent increases,” and “[r]ectify the disparity of bargaining power” between park owners and mobile home owners. The district court granted the City's motion to dismiss. The court held that no regulatory taking occurred here and that the Park’s self-styled “private takings claim” is not a
separately cognizable claim. The court concluded that the Park’s “private takings claim” cannot serve as a means to evade Penn Central Transportation Company v. City of New York scrutiny. And in any event, as articulated here, such claim fails because it is a thinly veiled facial challenge, which is both time barred and lacks merit. Further, the court was not persuaded by the related due process and equal protection claims. Accordingly, the court affirmed the district court’s dismissal of the case.