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College Gardens Pres. Comm. v. Eugene Burger Management

No. 03AM03563 (Cal. Super. Ct. Prelim. Inj., May 2003), motion to dissolve injunction denied (issued Jan. 9, 2004)
Summary: In Sacramento, California, a tenant association and non-profit affordable housing coalition brought suit to enforce state law that requires owners to give one years’ advance notice for prepayment of HUD Section 236 financing. State law also requires that the City be provided notice, and the City sought to intervene. The California Superior Court issued a preliminary injunction against prepayment until the owner complied with the requirements of state law, rejecting the owner's federal preemption arguments. Subsequently, after the federal appellate decisions in Forest Park II and Topa Equities, the owner moved to dissolve the injunction. After further briefing, the court refused, again finding no preemption, holding that LIHPRHA Section 232 did not apply to properties that did not participate in the now-defunct LIHPRHA program and prepay under other statutory authority, despite their technical eligibility for LIHPRHA. Claim for attorney fees was settled.

1. Superior Court Decision Refusing to Dissolve Injunction, Finding No Preemption (PDF)

2. Plaintiffs' Letter Brief in Reply to Owner's Letter Brief (WPD)

3. Plaintiffs' Letter Brief in Response to Court's Request on Applicability of LIHPRHA (WPD)

4. Plaintiffs' Opposition to Defendant's Motion to Dissolve Preliminary Injunction (WPD)

5. Sacramento Bee May 9, 2003 "City joins affordable housing fight Officials support the tenants in suit over subsidized rental rates" (DOC) (WPD)

6. Tentative Ruling May 21, 2003 re Posting Bond (DOC) (WPD)

7. Tentative Ruling May 9, 2003 re Preliminary Injunction (DOC) (WPD)

8. Supplemental Response re Posting Bond (DOC) (WPD)

9. Supplemental Briefing on Preliminary Injuction - re Posting Bond (WPD) (DOC)

10. Reply Memorandum in Support of Motion for Preliminary Injunction (WPD) (DOC)

11. Motion For Preliminary Injunction (DOC) (WPD)

12. Complaint (WPD) (DOC)

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