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CASELLA v. CITY OF MORGAN HILL

Docket No. H006972.

230 Cal.App.3d 43 (1991)

280 Cal. Rptr. 876

ROBERT CASELLA et al., Plaintiffs and Appellants, v. CITY OF MORGAN HILL, Defendant and Respondent.

Court of Appeals of California, Sixth District.

May 10, 1991.

Attorney(s) appearing for the Case

COUNSEL

Jagiello & Pech and Debra K. Butler for Plaintiffs and Appellants.

Marc G. Hynes, City Attorney, and Emily Cote, Assistant City Attorney, for Defendant and Respondent.

OPINION

ELIA, J.

Appellants, owners of a mobilehome park, challenge a City of Morgan Hill mobilehome rent control ordinance, claiming that its lack of a "vacancy decontrol" provision, which allows rents to be returned to market levels when a tenant leaves, effected a taking of their property without just compensation. We conclude that the pleadings here state facts insufficient to constitute a taking, and join the other California...

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