City Of Oceanside v. Mckenna

264 Cal.Rptr. 275 (Ct.App. 1990)

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Nature of the Case

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Facts

Oceanside (P) developed a condo project that stressed dwelling units for low and moderate-income families. As such, the CC & Rs placed restrictions upon the owners for 10 years from the date of completion and initial sale for failing to occupy the dwelling as the owner's principal place of residence and renting or leasing the property at any time for any reason. McKenna (D) purchased a unit and then attempted to rent the unit one year later when he got work in San Francisco. P obtained a temporary injunction and then filed a motion for summary judgment.