Concord Communities v. City of Concord

Good Law
111 Cal. Rptr. 2d 511·2001 Cal. App. LEXIS 698·2001 Daily Journal DAR 9533·91 Cal. App. 4th 1407·2001 Cal. Daily Op. Serv. 7748
Court of Appeal of CaliforniaAugust 31, 2001Nos. A091354, A091361California4,753 words

Opinion

Lead Opinion

Chiantelli, J.

In action No. A091354 plaintiff and appellant Concord Communities, L.P. (Communities), doing business as Diablo Mobile Lodge, appeals from a judgment of the Contra Costa County Superior Court denying Communities’ petition for writ of administrative mandamus and dismissing Communities’ cause of action for violation of due process against defendant and respondent City of Concord (City). Similarly, in action No. A091361 plaintiff and appellant Communities, doing business as Adobe Mobile Lodge, appeals an identical judgment.

The appeals arise out of the denial by Concord Rent Review Board (Board) of Communities’ requests to adjust the base year rents at its mobile-home parks Diablo Mobile Lodge and Adobe Mobile Lodge. The superior court denied the writ petitions on the ground that the City’s administrative decisions were supported by substantial evidence. Communities contends that the base year rents at the Adobe and Diablo parks were significantly below the rents for mobilehome spaces in the City with comparable amenities, because of unique or extraordinary circumstances. We reverse the judgment and remand the matter to the Board for reconsideration.

Background

In August…

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