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NASH v. CITY OF SANTA MONICA

Docket No. L.A. 31798.

37 Cal.3d 97 (1984)

688 P.2d 894

207 Cal. Rptr. 285

JEROME J. NASH, Plaintiff and Respondent, v. CITY OF SANTA MONICA et al., Defendants and Appellants.

Supreme Court of California.

October 25, 1984.

Attorney(s) appearing for the Case

COUNSEL

Robert M. Myers, City Attorney, Stephen S. Stark, Assistant City Attorney, Karl M. Manheim and Susan L. Carroll, Deputy City Attorneys, Michael Heumann, Stephen P. Wiman, David Pettit and Mary Ann Yurkonis for Defendants and Appellants.

Natalie E. West, City Attorney (Berkeley), Penny Nakatsu, Terry B. Friedman, Elyse S. Kline, Jana Zimmer, Merced Martin, Marc B. Mihaly, Shute, Mihaly & Weinberger and James R. Grow as Amici Curiae on behalf of Defendants and Appellants.

Rich & Ezer and Mitchel J. Ezer for Plaintiff and Respondent.

Bonelli, Heib, Fuchs & O'Neal, Stanley Sapiro, Stacey & Jones, Stephen L. Jones, Ronald A. Zumbrun, John H. Findley, Robert D. Links, Andrew M. Colvin, Colvin, Martin & Links, Thomas L. Berkley, Latham & Watkins and George Kimball as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

GRODIN, J.

In this case we are called upon to determine the validity of Santa Monica City Charter section 1803, subdivision (t) — which prohibits removal of rental units from the housing market by conversion or demolition absent a removal permit from the Santa Monica Rent Control Board — as it applies to prevent the owner of an apartment building from evicting his tenants and tearing the building down. The trial...

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