Vista De Santa Barbara Associates, LP v. City of Carpinteria

MEMORANDUM *

Vista de Santa Barbara Associates, LP (“Vista”) appeals the district court’s dismissal of its claims against the City of Carpintería (the “City”) and the City’s Rent Stabilization Board. We AFFIRM.

Vista alleges that the City’s mobile home park rent control ordinance fails to substantially advance a legitimate government interest. The district court dismissed this claim as unripe; we affirm on different grounds. See Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003) (per curiam) (stating that this court may affirm dismissal on any ground supported by the record). The Supreme Court recently held in Lingle v. Chevron U.S.A Inc. that the “ ‘substantially advances’ formula is not a valid takings test, and ... has no proper place in ... takings jurisprudence.” — U.S. -,-, 125 S.Ct. 2074, 2087 , — L.Ed.2d -,- (2005). Lingle requires that Vista’s claim, whether brought facially or as applied, be dismissed with prejudice. See Spoklie v. Montana, 411 F.3d 1051 (9th Cir.2005).

To the extent that Vista also brings an as-applied regulatory takings challenge on the ground that by denying Vista’s application for a rent increase, the City took its property…