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EVANS v. CITY OF BERKELEY

No. A097187.

127 Cal.Rptr.2d 696 (2002)

104 Cal.App.4th 1

Eugene EVANS et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents.

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

review Granted March 26, 2003.

Attorney(s) appearing for the Case

Jonathan D. Gordon, Pleasant Hill, for Plaintiffs and Appellants.

Manuela Albuquerque, City Attorney, Matthew J. Orebic, Laura McKinney, Deputy City Attorneys, for Defendants and Respondents.

Brad W. Dacus, Roger G. Ho, Pacific Justice Institute, John H. Findley, Sacramento, Harold E. Johnson, Pacific Legal Foundation, for amicus curiae on behalf of Appellants.

STEVENS, J.

Appellants challenge a judgment dismissing their action against respondent City of Berkeley. Appellants contend the trial court erroneously sustained a demurrer to their amended complaint, which challenged respondent's termination of a program under which appellants were allowed to berth their boats, rent free, at the Berkeley Marina. Appellants maintain the decision to end this subsidy of free rent for...

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