United States Ninth Circuit

In an action brought by a developer against the city of Pacifica involving a proposed condominium project, dismissal of developer's substantive due process claim is affirmed, but an order holding city liable for an equal protection violation is reversed and the resultant damages awards vacated where: 1) the developer was not entitled to judgment on an equal protection claim, as the city did not intentionally treat it differently from any other developer; and 2) a due process claim should not be resurrected because developer did not allege any irrational delay in the city's approval of its permits.

Appellate Information

• Argued 01/14/2008
• Decided 05/13/2008
• Published 05/13/2008

Judges

• SCHROEDER, Circuit Judge:, Before:  J. CLIFFORD WALLACE, PROCTER HUG, JR., and MARY M. SCHROEDER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jacquelynn Pope, Hermosa Beach, CA, for plaintiff-appellee-appellant North Pacifica, LLC., Lee Rosenthal, Oakland, CA, for defendants-appellants-appellees City of Pacifica, et al.