CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


FISHER V. CITY OF BERKELEY, 475 U. S. 260 (1986)

Subscribe to Cases that cite 475 U. S. 260 RSS feed for this section

U.S. Supreme Court

Fisher v. City of Berkeley, 475 U.S. 260 (1986)

Fisher v. City of Berkeley

No. 84-1538

Argued November 12, 1985

Decided February 26, 1986

475 U.S. 260

Syllabus

A Berkeley, California, ordinance, enacted pursuant to popular initiative, imposes rent ceilings on residential real property in the city. The rent ceilings are under the control of a Rent Stabilization Board. Appellant landlords brought suit in California Superior Court challenging the constitutionality of the ordinance on Fourteenth Amendment grounds and seeking declaratory and injunctive relief. The Superior Court upheld the ordinance, but was reversed by the California Court of Appeal. In the meantime, based on the intervening decision in Community Communications Co. v. Boulder, 455 U. S. 40, the question arose as to whether the ordinance was unconstitutional because it was preempted by the Sherman Act. The California Supreme Court held that there was no conflict between the ordinance and the Sherman Act.

Held: The ordinance is not unconstitutional as being preempted by the Sherman Act. Pp. 475 U. S. 264-270.

(a) The rent ceilings established by the ordinance and maintained by the Rent Stabilization Board were unilaterally imposed by the city upon landlords to the exclusion of private control. Thus, the rent ceilings lack the element of concerted action needed before they can be characterized as a per se violation of § 1 of the Sherman Act. A restraint imposed unilaterally by government does not become concerted action within the meaning of § 1 simply because it has a coercive effect upon parties who must obey the law. And the mere fact that all competing landlords must comply with the ordinance is not enough to establish a conspiracy among landlords. Pp. 475 U. S. 265-267.

(b) While the ordinance gives tenants some power to trigger its enforcement, it places complete control over maximum rent levels exclusively in the Rent Stabilization Board's hands. Schwegmann Bros. v. Calvert Distillers Corp., 341 U. S. 384, and California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U. S. 97, distinguished. Pp. 475 U. S. 267-270.

37 Cal.3d 644, 693 P.2d 261, affirmed.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J.,and WHITE, BLACKMUN, REHNQUIST, STEVENS, and O'CONNOR, chanroblesvirtualawlibrary

Page 475 U. S. 261

JJ., joined. POWELL, J., filed an opinion concurring in the judgment, post, p. 475 U. S. 270. BRENNAN, J., filed a dissenting opinion, post, p. 475 U. S. 274.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED