Colony Cove Properties, LLC v. City of Carson

Colony Cove Properties, LLC (“Colony Cove”) appeals from the district court’s dismissal of its federal claims filed pursuant to 42 U.S.C. § 1983 , and its state law claim seeking a writ of administrative mandate pursuant to Cal. Civ. Pro.Code § 1094.5. Colony Cove contends that the City of Carson’s 1979 mobilehome rent control ordinance, and its implementing guidelines as they stood after the adoption of a 2006 amendment, deprive mobilehome park owners of the value of their property and transfer it to park residents, who are able to sell their mobilehomes at a premium because they are located on rent-controlled spaces. Colony Cove asserts facial and as applied challenges to the ordinance and amended guidelines as violative of the Fifth Amendment’s Takings Clause and the Fourteenth Amendment’s Due Process Clause. The district court dismissed Colony Cove’s facial takings claim as time-barred, its as applied takings claim as unripe, and its as applied due process claim for failure to state a claim; the district court declined to exercise supplemental jurisdiction over Colony Cove’s related state law claim. After reviewing the briefs and the record, we are persuaded that the…