BIRKENFELD v. CITY OF BERKELEY

Docket No. S.F. 23370.

17 Cal.3d 129 (1976)

550 P.2d 1001

130 Cal. Rptr. 465

TRUDE BIRKENFELD et al., Plaintiffs and Respondents, v. CITY OF BERKELEY, Defendant and Appellant; FAIR RENT COMMITTEE et al., Interveners and Appellants.

Supreme Court of California.

June 16, 1976.


Attorney(s) appearing for the Case

COUNSEL

Lois L. Johnson, City Attorney, Susan Watkins and Kathryn L. Walt, Assistant City Attorneys, Michael Lawson, Deputy City Attorney, Donald P. McCullum and Charles O. Triebel, Jr., for Defendant and Appellant.

Myron Moskovitz, Lawrence L. Duga, Barbara Dudley, Jeffrey J. Carter and Dennis Keating for Interveners and Appellants.

Edmund L. Regalia, Robert A. Belzer, Leslie A. Johnson and Miller, Starr & Regalia for Plaintiffs and Respondents.

Rich & Ezer and Mitchel J. Ezer as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

WRIGHT, C.J.

In this case we consider the validity of an initiative amendment to the Charter of the City of Berkeley providing for residential rent control within that city. In a class action brought by plaintiff landlords the superior court declared the amendment void and enjoined the city from enforcing it principally on the ground that the evidence at a lengthy trial showed that the city was not faced with a serious public...

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