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PENNELL v. CITY OF SAN JOSE

Docket No. S.F. 24767.

42 Cal.3d 365 (1986)

721 P.2d 1111

228 Cal. Rptr. 726

RICHARD PENNELL et al., Plaintiffs and Appellants, v. CITY OF SAN JOSE, Defendant and Appellant.

Supreme Court of California.

August 11, 1986.

Attorney(s) appearing for the Case

COUNSEL

Burch Fitzpatrick and Miller, Starr & Regalia for Plaintiffs and Appellants.

Jon D. Smock and Wilbur H. Haines III as Amici Curiae on behalf of Plaintiffs and Appellants.

Robert J. Logan, City Attorney, Joan R. Gallo, Acting City Attorney, Daniel J. Wallace, Assistant City Attorney, Robert R. Cimino, Senior Deputy City Attorney, and William B. Mayfield, Deputy City Attorney, for Defendant and Appellant.

Myron Moskovitz, Natalie West, City Attorney (Berkeley), and James R. Grow, Assistant City Attorney, as Amici Curiae on behalf of Defendant and Appellant.

OPINION

GRODIN, J.

Defendant city appeals, and plaintiffs landlord and association cross-appeal, from a judgment of the Santa Clara Superior Court (i) declaring part of defendant's rent control ordinance facially unconstitutional and (ii) upholding the constitutionality of the ordinance's rental unit fee provision. We affirm the latter ruling and reverse the former.

1. The City's Appeal

In July 1979 the city...

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