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MONTCLAIR PARKOWNERS ASS'N v. CITY OF MONTCLAIR

No. 99-55083.

264 F.3d 829 (2001)

MONTCLAIR PARKOWNERS ASSOCIATION; Hacienda Mobile Home Estates, Plaintiffs-Appellants, v. CITY OF MONTCLAIR, a Municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2001.

Attorney(s) appearing for the Case

John A. Ramirez (argued) and R.S. Radford, Pacific Legal Foundation, Sacramento, California, and Robert S. Coldren and C. William Dahlin, Hart, King & Coldren, Santa Ana, California, for the Plaintiffs-Appellants.

Henry E. Heater (argued), Donald R. Lincoln, and Linda B. Reich, Endeman, Lincoln, Turek & Heater, San Diego, California, and Diane E. Robbins and Richard Holdaway, Robbins & Holdaway, Chino, California, for the Defendant-Appellee.

Before: O'SCANNLAIN, FERNANDEZ and T.G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Younger abstention doctrine requires the dismissal of a federal lawsuit brought to vindicate rights under the Takings Clause of the federal Constitution.

I

In July 1998, the City of Montclair, California, ("Montclair") adopted Ordinance number 98-777, a rent-control provision regulating trailer parks. The ordinance prohibits a trailer park owner from increasing the rent for trailer spaces...

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