What is the test for a judicial review of an ordinance that imposes rent controls on a residential property?

(2) That recognizing a right to just compensation because the ordinance does not substantially advance its stated purpose would constitute a judicial repeal of the ordinance. Recognition that the imposition of rent controls on plaintiff's property is a taking and awarding compensation therefor would not repeal the ordinance. It would instead constitute a proper exercise of a judicial power recognized since the decision of Marbury v. Madison (1803) 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 - the power to construe, apply, and enforce rights guaranteed to all citizens by the United States Constitution.