Real Estate & Property Law

California Court of Appeals: Property Owners Have Constitutional Rights!

By Robert Thomas (inversecondemnation.com)

Interesting decision from the California Second District Court of Appeals in Manufactured Home Communities, Inc. v. County of San Luis Obispo, No. B196426 (Oct. 15, 2008).  The case involves a writ of administrative mandate (administrative appeal for you non-Californians) reviewing the decision by the county Rent Review Board denying a request to increase the rent in a mobile home park. 

What's interesting about the decision is not the result (basing a decision on the testimony of witnesses not subject to cross-examination surely violates even the often loose evidentiary rules in administrative hearings), but the court's opening paragraph:

The Constitution protects everyone, the poor, the wealthy, the weak, the powerful, the guilty and the innocent. This court has held its guarantees extend to lawyers (Cunningham v. Superior Court (1986) 177 Cal.App.3d 336); dogs (more precisely their owners), (Phillips v. San Luis Obispo County Department of Animal Regulation (1986) 183 Cal.App.3d 372); and even politicians (Beilenson v. Superior Court (1996) 44 Cal.App.4th 944). Here we add to our list, mobilehome park owners.

Read the full opinion here. 

Full post as published by inversecondemnation on October 17, 2008 (boomark / email).