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CITY OF BERKELEY v. CITY OF BERKELEY RENT STABILIZATION BD.

Docket No. A059403.

27 Cal.App.4th 951 (1994)

33 Cal. Rptr.2d 317

CITY OF BERKELEY, Plaintiff and Appellant, v. CITY OF BERKELEY RENT STABILIZATION BOARD, Defendant and Appellant; BERKELEY PROPERTY OWNERS' ASSOCIATION, Intervener and Appellant.

Court of Appeals of California, First District, Division Five.

August 12, 1994.

Attorney(s) appearing for the Case

COUNSEL

Myron Moskovitz, McDonough, Holland & Allen and Michelle Marchetta Kenyon for Plaintiff and Appellant.

Marcia Rosen, Anthony A. Trendacosta and Ralph H. Goldsen as Amici Curiae on behalf of Plaintiff and Appellant.

Goldfarb & Lipman and Richard A. Judd for Defendant and Appellant.

Thomas A. Seaton and Susan Burnett Luten for Intervener and Appellant.

Dagmar Searle, Lawrence & Harding, Christopher M. Harding, Kenneth L. Kutcher, Carl J. Lambert and Michael N. Koenig as Amici Curiae on behalf of Defendant and Appellant and Intervener and Appellant.

OPINION

PETERSON, P.J.

The ultimate legal question presented in this litigation is this: Did the City of Berkeley Rent Stabilization Board (Board) abuse its discretion, by exceeding the authority and powers imposed by its enabling ordinance, when it adopted new regulations it contends were designed to avoid unconstitutional confiscatory effects on landlords and to ensure landlords fair and reasonable levels of rents producing a fair...

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