morals or general welfare. 961 F.2d at 1223.
¶38 Certainly, municipalities may regulate where and under what circumstances certain less desirable uses, such as salvage yards and stockyards, may be developed. However, here no justification exists for precluding all uses in the B-2 District
and only providing the landowner obtaining a conditional use permit.
with the possibility of Ordinances can be drafted
so the acceptable conditional uses.
uses as of right Municipalities
Recently, in Action Apartment Association, Rent Control Board, the Ninth Circuit
Inc. v. discussed
process challenge to 1022 (9th Cir. 2007).
a rent control ordinance. The Court stated:
substantive due 509 F.3d 1020,
The Landlords do not assert that th
has taken their Fifth Amendment.
property within the They do, however,
meaning of assert that
provisions of the rent control ordinance neither serve
nor are government
any legitimate unconstitutionally
violate their right to use their property as they see
argue that the
to the general
welfare because there subsidizing non-housing
is no legitimate interest uses of rental properties
in providing new rights and affirmative defenses illegal occupants, particularly where California does not recognize illegal occupants as tenants.
for law [A]
irrational that Clause. . . .
any legitimate arbitrary or
Id. at 1026 (quotations and citations omitted).