OCEANSIDE MOBILEHOME PARK v. CITY OF OCEANSIDE

Docket No. 28680.

157 Cal.App.3d 887 (1984)

204 Cal. Rptr. 239

OCEANSIDE MOBILEHOME PARK OWNERS' ASSOCIATION, Plaintiff and Respondent, v. CITY OF OCEANSIDE et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

June 27, 1984.


Attorney(s) appearing for the Case

COUNSEL

Charles R. Revlett, City Attorney, Warren B. Diven and Amy Greyson, Assistant City Attorneys, Jennings, Engstrand & Henrikson, C. Michael Cowett and Henry E. Heater for Defendants and Appellants.

D. Dwight Worden as Amicus Curiae on behalf of Defendants and Appellants.

Lazof & Swanson, C. Brent Swanson and Terry R. Dowdall for Plaintiff and Respondent.

Walters & Ward and R. Michael Walters as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

WORK, J.

The City of Oceanside appeals an order preliminarily enjoining it from applying and enforcing its mobilehome park rent control ordinance. The trial court held the ordinance facially unconstitutional because it believed the formula for setting initial rents and providing for adjustments fails to consider the property's fair market value and existing general market conditions...

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