Carson Harbor Village, Ltd. v. City of Carson

MEMORANDUM *

Appellant Carson Harbor Village, Ltd. (“Carson Harbor”) appeals the district court’s dismissal of procedural due process, substantive due process and equal protection claims against Appellees City of Carson (“City”) and City of Carson Mobilehome Park Rental Review Board (“Board”). 1 Carson Harbor challenges the Board’s partial denial of its June 2000 rent increase application and the City’s alleged refusal to process its April 2001 regulatory lag rent application. The district court dismissed these claims on the pleadings and we affirm. The relevant facts are known to the parties and are discussed here only as necessary.

Carson Harbor claims that the City, acting through the Board, violated substantive due process by exercising its *276 police powers in an arbitrary and capricious manner to partially deny Carson Harbor’s June 2000 rent increase application. The district court dismissed Carson Harbor’s substantive due process claim pursuant to Armendariz v. Penman, 75 F.3d 1311 (9th Cir.1996), which holds that “substantive due process claims are precluded where the alleged violation is addressed by the explicit textual provisions of the Fifth Amendment’s Takings…