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HACIENDA VALLEY MOBILE v. CITY OF MORGAN HILL

No. 02-15986.

353 F.3d 651 (2003)

HACIENDA VALLEY MOBILE ESTATES, a California Limited Partnership, Plaintiff-Appellant, v. CITY OF MORGAN HILL; City of Morgan Hill Rent Review Opinion Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2003.

Attorney(s) appearing for the Case

Robert S. Coldren and Mark D. Alpert, Hart, King & Coldren, Santa Ana, California, for the appellant.

Donald R. Lincoln, Endeman, Lincoln, Turek & Heater LLP, San Diego, California, for the appellees.

Before: Procter HUG, Jr., Betty B. FLETCHER, and A. Wallace TASHIMA, Circuit Judges.

Argued and Submitted October 6, 2003 — San Francisco, California.

OPINION

HUG, Jr., Circuit Judge:

Hacienda Valley Mobile Estates ("Hacienda") brought this action to challenge the constitutionality of the City of Morgan Hill's ("City's") vacancy control ordinance, Ordinance No. 1090 ("Ordinance"). The Ordinance prevents mobile home parks from raising the rent on a mobile home "pad" when the mobile home is sold. Hacienda alleges that the Ordinance...

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