AEP CHAPTER HOUSING ASS'N v. BERKELEY

No. 96-15078.

114 F.3d 840 (1997)

ALPHA EPSILON PHI TAU CHAPTER HOUSING ASSOCIATION, a California corporation, Plaintiff-Appellant, v. CITY OF BERKELEY, a municipal corporation, and City of Berkeley Rent Stabilization Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 27, 1997.


Attorney(s) appearing for the Case

Lawrence A. Gibbs, Grossman & Gibbs, Berkeley, CA, and Michael Ciraolo, Ciraolo & Ciraolo, Oakland, CA, for plaintiff-appellant.

Marjorie Gelb, Brian Kelly, Donald Tine, Manuela Albuquerque, Christine S. Daniel, Deputy City Attorneys, Berkeley, CA, for defendants-appellees.

Before: WHITE, Associate Justice, Retired, and CANBY, and RYMER, Circuit Judges.


WHITE, Associate Justice, Retired:

The Berkeley Rent Stabilization Board wears two hats. In addition to performing executive functions such as setting rents and managing its budget, the Board serves in a quasi-judicial capacity. In this latter role, the Board adjudicates matters including whether landlords are covered by the local rent control ordinance and, hence, must pay registration fees (and possible penalties) into its coffers. The appellant, Alpha Epsilon Phi...

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