Los Altos El Granada Investors v. City of Capitola

Good Law
97 F. App'x 698
United States Court of Appeals for the Ninth CircuitMarch 15, 2004Nos. 02-16348, 02-16369; D.C. No. CV-01-20667-JF(PVT), CV-01-20543-JFCalifornia2,028 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants are mobilehome parkowners who appeal from the dismissal of their consolidated § 1988 actions for takings without compensation in violation of the Fifth Amendment of the United States Constitution. We affirm the dismissal on the ground that Appellants’ claims are not ripe for adjudication.

Appellees the City of Capitola, adopted a mobilehome rent control ordinance in 1979 that prohibits almost all rent adjustments upon the conveyance of a mobile-home by an existing resident, and which requires parkowners to apply to the Capitola City Council (CCC) if they seek to increase their rents. El Granada owns a mobilehome park in Capitola and in March 2000 submitted an application to the CCC for a rent increase of $300 per month, per space. El Granada’s application was based, inter alia, on the fact that the Ordinance was alleged to have created a “premium” that mobilehome owners could capture upon sale of their mobilehome. See Yee v. City of Escondido, 503 U.S. 519, 527 , 112 S.Ct. 1522 , 118 L.Ed.2d 153 (1992) (explaining premiums). In April 2001 the CCC granted El Granada an increase of three percent, substantially less than it had requested.

Appellants, El…

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