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AMBERHILL PROPERTIES v. CITY OF BERKELEY

No. 85-2595.

814 F.2d 1340 (1987)

AMBERHILL PROPERTIES, a limited partnership; and Martin Overstreet, an individual, Plaintiffs-Appellants, v. CITY OF BERKELEY, a municipal corporation; and City of Berkeley Rent Stabilization Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1987.

Attorney(s) appearing for the Case

David A. Self, Oakland, Cal., for plaintiffs-appellants.

Timothy J. Lee, Berkeley, Cal., for defendants-appellees.

Before NELSON, WIGGINS and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

Appellants Amberhill Properties and Martin Overstreet ("Amberhill") own one hundred forty-four residential rental units located in Berkeley, California. Amberhill claimed that application of Berkeley's rent control ordinances denied them substantive due process, a fair return on investment, and constituted an unconstitutional "taking" of property. Amberhill brought an action in the United States District...

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