Casella

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 1270 , certiorari denied (1988) 485 U.S. 940 [ 99 L.Ed.2d 281 , 108 S.Ct. 1120 ]. In consequence, we affirm the trial court’s dismissal order.

Background

Appellants Robert Casella et al. are general partners who own Hacienda Valley Mobile Home Estates, a mobilehome park. Respondent City of Morgan Hill (city) first enacted a mobilehome rent stabilization ordinance in March 1983. This ordinance generally regulated rental increases and included a “vacancy control” provision, which limited mobilehome park owners to increased space rents of no more than 75 percent of the consumer price index (CPI) or 8…