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morals or general welfare. 961 F.2d at 1223.

17

Euclid,

No.

2006AP450

272 U.S.

at 395;

Pearson,

¶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.

do

not conflict

have

the power

with

the

to

zone

uses as of right Municipalities

property

and

restrict

where

particular

undesirable

uses

may

be

17

Monica

Recently, in Action Apartment Association, Rent Control Board, the Ninth Circuit

Inc. v. discussed

Santa this

standard

when

the

plaintiff

brought

a

facial

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

e government

has taken their Fifth Amendment.

property within the They do, however,

meaning of assert that

the the

provisions of the rent control ordinance neither serve

rationally

related to

purpose, and

therefore

nor are government

any legitimate unconstitutionally

violate their right to use their property as they see

argue that the

provisions are

and unrelated

to the general

fit.

Specifically, they

arbitrary,

unreasonable,

welfare because there subsidizing non-housing

is no legitimate interest uses of rental properties

in nor

in providing new rights and affirmative defenses illegal occupants, particularly where California does not recognize illegal occupants as tenants.

for law [A]

regulation

that fails

governmental

objective

irrational that Clause. . . .

it

runs

afoul

of

the

Due

Process

to may

any legitimate arbitrary or

serve be

so

Id. at 1026 (quotations and citations omitted).

24

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