Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)

Citation: Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Parent Document: Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction: California (state)
Effective Date: 1976-06-16
Original Source: https://www.courtlistener.com/opinion/1193965/birkenfeld-v-city-of-berkeley/ ↗

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(§ 4.) This election was held on January 23, 1973, but the rollback was enjoined by preliminary injunction on April 26, 1973, and enforcement of the entire charter amendment was thereafter enjoined by the present judgment on June 22, 1973. Plaintiffs contend that marked rises in property taxes, utility rates, and the costs of goods and services since 1973 have eliminated any reasonable grounds which then existed for using August 15, 1971, as a rollback date and have made it highly probable if not certain that the present imposition of such a rollback would reduce rents to confiscatorily low levels pending individual upward adjustments. Interveners reply to this contention by pointing out that the present litigation has caused at least a three-year postponement in the charter amendment’s operation which was not contemplated by those who selected the rollback date. Interveners propose that we remedy the problem created by the postponement by setting a new rollback date or by ordering that appropriate relief be provided upon remand. Such action on our part is unnecessary in view of our hereinafter explained conclusion that the charter amendment’s provisions for adjusting

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