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HILLSBORO PROP. v. CITY OF ROHNERT PARK

No. A110441.

41 Cal.Rptr.3d 441 (2006)

138 Cal.App.4th 379

HILLSBORO PROPERTIES et al., Plaintiffs and Appellants, v. CITY OF ROHNERT PARK et al., Defendants and Respondents.

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

April 6, 2006.

Attorney(s) appearing for the Case

David Spangenberg, Healdsburg, CA, R.S. Radford, Lawrence G. Salzman, Pacific Legal Foundation, Sacramento, CA, for Plaintiffs and Appellants.

McDonough Holland & Allen PC, Michelle Marchetta Kenyon, Gabrielle P. Whelan, Oakland, CA, for Defendants and Respondents.

POLLAK, J.

A property owner is prevented from charging increased rent by a rent control ordinance that is subsequently determined to be unconstitutional. Is the owner entitled to recover the lost rental income, either from its tenants or from the city that imposed the limit, if the ordinance did not deny the owner a fair return on its investment? We hold that it is not.

In 1987, the City of Rohnert Park (the...

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