United States Ninth Circuit
Crown Point Dev., Inc. v. City of Sun Valley, 06-35189
A decision finding that plaintiff-developer could not state a claim for relief based on the allegedly arbitrary and irrational denial of a permit application is reversed and remanded for further proceedings where, contrary to the ruling below and in light of other Supreme Court rulings, Armendariz v. Penman, 75 F.3d 1311 (9th Cir. 1996) (en banc), does not entirely foreclose the developer's substantive due process theory.
Appellate Information
- Argued 10/19/2007
- Decided 11/01/2007
- Published 11/01/2007
Judges
- RYMER, Circuit Judge:, Before: D.W. NELSON, C. ARLEN BEAM, and PAMELA ANN RYMER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- J. David Breemer, Pacific Legal Foundation, Sacramento, CA, for the appellant.
- For Appellees:
- James J. Davis, Boise, ID, for the appellees.