AZUL PACIFICO, INC. v. CITY OF LOS ANGELES

Nos. 90-55853, 90-56066.

948 F.2d 575 (1991)

AZUL PACIFICO, INCORPORATED, a California corporation, Plaintiff-Appellee, v. CITY OF LOS ANGELES, a municipal corporation, Defendant-Appellant. AZUL PACIFICO, INCORPORATED, a California corporation, Plaintiff-Appellant, v. CITY OF LOS ANGELES, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated August 29, 1991.

Resubmitted October 1, 1991.

Decided November 1, 1991.


Attorney(s) appearing for the Case

Gwendolyn Ryder Poindexter, Deputy City Attorney, Los Angeles, Cal., for defendant-appellant.

Sherman L. Stacey, Santa Monica, Cal., for plaintiff-appellee.

David Pettit, Hedges, Powe & Caldwell, Los Angeles, Cal., for amici curiae, counties of Santa Barbara and Santa Cruz and cities Arroyo Grande, Carson, Cathedral City, Fremont, Lompoc, Morro Bay, Oceanside, San Jose, San Marcos and Santa Paula, Cal.

Bruce E. Stanton, Crosby & Stanton, San Jose, Cal., for amicus curiae, Golden State Mobilehome Owners League, Inc.

Timothy A. Bittle, Pacific Legal Foundation, Sacramento, Cal., for amicus curiae, Pacific Legal Foundation.

Before POOLE, KOZINSKI and LEAVY, Circuit Judges.


KOZINSKI, Circuit Judge.

In Hall v. City of Santa Barbara, 833 F.2d 1270 (9th Cir.1986), cert. denied, 485 U.S. 940, 108 S.Ct. 1120, 99 L.Ed.2d 281 (1988), we held that a mobile home rent control ordinance could operate to give the tenants a possessory interest in the park owners' land, and thus effect a physical taking of the park owners' property. Hall was an appeal from the dismissal of the park owners' action; we...

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