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FISHER v. CITY OF BERKELEY

No. 84-1538.

475 U.S. 260 (1986)

FISHER ET AL. v. CITY OF BERKELEY, CALIFORNIA, ET AL.

Supreme Court of United States.

Decided February 26, 1986

Attorney(s) appearing for the Case

Jon D. Smock argued the cause for appellants. On the briefs were James R. Parrinello, John E. Mueller, and Peter J. Donnici.

Laurence H. Tribe argued the cause for appellees. With him on the brief were Kathleen M. Sullivan, Myron Moskovitz, and Manuela Albuquerque.*

JUSTICE MARSHALL delivered the opinion of the Court.

The question presented here is whether a rent control ordinance enacted by a municipality pursuant to popular initiative is unconstitutional because pre-empted by the Sherman Act.

I

In June 1980, the electorate of the city of Berkeley, California, enacted an initiative entitled "Ordinance 5261-N. S., Rent Stabilization and Eviction for Good Cause Ordinance"

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