United States Ninth Circuit

In an action brought by a group of homeowners and community organizations seeking declaratory and injunctive relief against a city, employees, and developers who remodel and convert private homes into student residences, a judgment against plaintiffs is affirmed where: 1) case precedent does not categorically preclude due process challenges to impermissible governmental action that deprives a person of real property; 2) however, under ordinary Due Process Clause jurisprudence, plaintiff failed to state a claim, notwithstanding its understandable concerns about the aesthetics and ambiance of the neighborhood; and 3) claims under the National Historic Preservation Act (NHPA) and defendant-city's municipal code also failed.

Appellate Information

• Argued 02/07/2008
• Decided 08/27/2008
• Published 08/27/2008

Judges

• FISHER, Circuit Judge:, Before:  RAYMOND C. FISHER, RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles A. Cleveland, Spokane, WA, for the plaintiffs-appellants.


• For Appellees:
  
• James S. Craven, City Attorney, Milton G. Rowland (argued), Assistant City Attorney, Spokane, WA, for the Spokane and Spokane employee defendants-appellees., Steven Schneider, Murphy, Bantz & Bury P.S., Spokane, WA, for the Dressel defendants-appellees.