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EQUITY LIFESTYLE PROP. v. COUNTY OF SAN LUIS OBISPO

No. 05-55406.

505 F.3d 860 (2007)

EQUITY LIFESTYLE PROPERTIES, INC., f/k/a Manufactured Home Communities, Inc., d/b/a Sea Oaks Manufactured Home Community, Plaintiff-Appellant, v. COUNTY OF SAN LUIS OBISPO; County of San Luis Obispo Rent Review Board; San Luis Obispo Board of Supervisors, Defendants-Appellees, and Elizabeth Cisneros; Mary Jane Tate; Frank Greco; Ida Greco; Robert Meyer; Margaret Meyer; Anne Meyer; Louise Mcmanus; Laverne Jones; William Spurrier; June Spurrier, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 12, 2007.

Submitted August 17, 2007.

Filed September 17, 2007.

Attorney(s) appearing for the Case

David J. Bradford, Jenner & Block LLP, Chicago, IL, argued the cause for the petitioner/plaintiff-appellants; Edith R. Matthai, Steven S. Fleishman, Robie & Matthai APC, Los Angeles, CA, and Elliot L. Bien, Bien & Summers LLP, Novato, CA, were on the briefs.

Henry E. Heater, Endeman, Lincoln, Turek & Heater LLP, argued the cause for the respondents-appellees; Timothy McNulty, San Luis Obispo County Counsel, San Luis Obispo, CA, and Donald R. Lincoln and Linda B. Reich, Endeman, Lincoln, Turek & Heater LLP, San Diego, CA, were on the briefs.

Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and CONSUELO M. CALLAHAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must determine whether a municipal rent control ordinance survives a due process and equal protection challenge or requires payment of compensation as a government taking.

I

A

On June 5, 1984, the County of San Luis Obispo adopted a Mobilehome Rent Stabilization Ordinance ("Ordinance") pursuant to a voter initiative.

[The Ordinance sought] to protect the owners and occupiers of mobilehomes from unreasonable...

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