CAPITOLA

Los Altos El Granada Investors v. City of Capitola

Good Law
139 Cal. App. 4th 629·2006 Cal. App. LEXIS 729·2006 Daily Journal DAR 5902·43 Cal. Rptr. 3d 434·2006 WL 1329925
Court of Appeal of CaliforniaMay 17, 2006H027860California12,362 words

Opinion

Opinion

Premo, J.

In March 2000, plaintiff Los Altos El Granada Investors (Parkowner) applied for a $300-per-month space rent increase for Castle Mobile Estates (Castle), its 108-space “all-age” rent controlled mobilehome park in Capitola. In April 2001, defendant City of Capitola granted an increase of $5.68 per space per month, raising rents to about $210 per month. In July 2002, Parkowner sued Capitola and codefendant City of Capitola Mobilehome Rent Review Board (Board, collectively, City) for inverse condemnation and the “taking” of its property in violation of the California Constitution and it petitioned for a writ of administrative mandamus. Parkowner now appeals the sustaining of City’s demurrer without leave to amend and denial of the writ petition. Parkowner raises claims under the California Constitution and challenges the trial court’s findings and the sufficiency of the evidence.

FACTS

We state the facts in some detail because of the sufficiency of the evidence challenge. On July 15, 1987, Parkowner purchased Castle for $1.7 million. Castle was built in the 1970’s within walking distance of the Santa Cruz beach. It had a laundry building, asphalt streets and streetlights.…

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