Hock Investment Co. v. City & County of San Francisco

Introduction

Hock Investment Company, Inc. (Hock) appeals a judgment of dismissal following the trial court’s sustaining of a demurrer without leave to amend its complaint against the City and County of San Francisco (City) and various City officials. The complaint, which sought declaratory relief and was accompanied by a petition for writ of mandate, challenged a 1982 condominium conversion ordinance and the decision of the San Francisco Board of Supervisors upholding the department of public works’ denial of Hock’s application to convert. Hock contends: (1) retroactive application of the ordinance was barred by existing law; (2) the ordinance was inapplicable by its own terms as Hock was not a 1983 registrant, but a 1982 registrant; (3) Hock’s application was approved by operation of law as it was not disapproved within 50 days after filing; (4) application of the ordinance to Hock constitutes an impermissible taking, violates the right to travel, and denies Hock equal protection of the law, all in violation of the federal Constitution.

Statement of Facts

Hock, a corporation, owns a 36-unit apartment building at 2090 Pacific Avenue in San Francisco which it desires…