Section 21-79

Citation: Section 21-79
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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*639The defendant relies heavily11 upon Hall v. Santa Barbara, 833 F.2d 1270 (9th Cir.), reh. denied, 833 F.2d 1282 (9th Cir. 1987), cert. denied, U.S. , 108 S. Ct. 1120, 99 L. Ed. 2d 281 (1988). In Hall, a mobile home park owner challenged a Santa Barbara city ordinance that required such owners to offer their tenants leases of unlimited duration, terminable only for cause. In addition, the ordinance provided for rent control at below market rates. Id., 1273-74. The ordinance also allowed a tenant to transfer his interest to a new tenant. Id., 1276. The District Court in that case granted the city of Santa Barbara’s motion to dismiss the park owner’s complaint, which alleged that the ordinance constituted an inverse condemnation in violation of the takings clause of the fifth amendment to the United States constitution. Id., 1273-74. The Ninth Circuit reversed and held that the facts alleged in the complaint were sufficient to state a cause of action. Id., 1274-82. The case was remanded for further proceedings. Id., 1282. The Hall court emphasized that it was not resolving the claim on the merits. “Because there has been no trial, we cannot and do not express any view as to whether the Santa Barbara ordinance constitutes a taking.” Id. The defendant contends, however, that the *640Hall court strongly implied that the Santa Barbara ordinance constituted a taking under the fifth amendment.

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