Mission Oaks Mobile Home Park, a California General Partnership v. City of Hollister Hollister Mobilehome Rent Commission

Bad Law
93 Daily Journal DAR 3953·989 F.2d 359·1993 WL 88361·1993 U.S. App. LEXIS 6335·93 Cal. Daily Op. Serv. 2331
United States Court of Appeals for the Ninth CircuitMarch 30, 199392-15692California1,631 words

Opinion

Opinion

Wiggins, J.

Mission Oaks Mobile Home Park (“Mission Oaks”), a mobilehome park in Hollis-ter, California, brought suit in federal court challenging the City of Hollister’s (“City”) Mobilehome Park Rent Control Ordinance. Mission Oaks had filed a challenge to the rent control ordinance in state court, alleging the same basic violations prior to filing the federal suit. The district court dismissed the federal suit on Younger abstention grounds. Mission Oaks Mobile Home Park v. City of Hollister, 788 F.Supp. 1117, 1118-22 (N.D.Cal.1992). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

FACTS

Mission Oaks filed an action in state court in September, 1990, challenging the City’s Mobilehome Park Rent Control Ordinance on several grounds. In February, 1991, Mission Oaks filed a petition with the Hollister Rent Commission to increase rent pursuant to the procedure outlined in the ordinance. The increase was approved but in an amount significantly lower than requested. In July, 1991, Mission Oaks filed a motion for partial summary judgment and, a day later, a petition for a Writ of Mandate challenging the Commission’s decision. In October, 1991, Mission Oaks…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.