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<br />1without due process of law.Petitioner also requiresan injunction prohibiting the City from <br /> <br />2 enforcing Ordinance No. NS-3061 against any property owner that had offered a STR prior to the <br /> <br />3 adoption of the STR Ban. <br /> <br />4 <br /> <br />5 FIFTH CLAIM FOR RELIEF <br /> <br />(Writ of Mandate Due to Abuse of Discretion Code of Civil Procedure §§ 1085, <br />6 <br />1094.5) <br /> <br />7 <br />87. Petitioner incorporates by reference all preceding paragraphs as though set forth <br /> <br />8 <br />fully herein. <br /> <br />9 <br />88. An actual and justiciable controversy has also arisen and now exists between <br /> <br />10 <br />Petitioner and the City, concerning whether the CityOrdinance No. NS-3061 was <br /> <br />11 <br />an unwarranted interference with hostthe <br /> <br />12 <br />City <br /> <br />13 <br />89. <br /> <br />14 <br />Endangered <br /> <br />15 <br />Habitats League, Inc. v. Cnty. of Orange, 131 Cal. App. 4th 777, 782 (2005). In applying this test, <br /> <br />16 <br /> <br />17 <br />demonstrated a rational connection between those factors, the choice made, and the purposes of <br /> <br />18 <br />Western States Petroleum Assn v. Superior Court, 9 Cal.4th 559, 577 <br /> <br />19 <br />(1995). <br /> <br />20 <br />body of or within the state, including a city council. Gov. Code § 20056. <br /> <br />21 <br />90. The City completely failed to consider all relevant factors and failed to demonstrate <br /> <br />22 <br />a rational connection between its stated objectives and the complete ban of STRs when adopting <br /> <br />23 <br />the STR Ban. In particular, the City adopted the ban based on an error of law. As detailed above, <br /> <br />24 <br />the City staff and the City Attorney both mistakenly informed the City Council that existing STRs <br /> <br />25 <br />were prohibited in the City at the time of the adoption of the STR Ban. This was a clear error and <br /> <br />26 <br />calls into question the validity of the entire ordinance. <br /> <br />27 <br />/ / / <br /> <br />28 <br /> <br /> <br /> <br /> VERIFIED PETITION FOR WRIT OF MANDATE <br />AND COMPLAINT <br />23 <br /> <br /> <br />