Legal Opinion

NORTH PACIFICA, LLC. v. City of Pacifica

District Court, N.D. California

Decided April 28, 2005No. C-01-4823 EMCPublishedCited by 5 opinions

1Opinion of the Court

ORDER DENYING DEFENDANT CITY OF PACIFICA’S MOTION TO DISMISS BASED ON CLAIM AND/OR ISSUE PRECLUSION

CHEN, United States Magistrate Judge.

Plaintiff North Pacifica LLC (“NP”) filed suit against Defendant the City of Pacifica (“City” or “Pacifica”), alleging that the City violated NP’s right to equal protection by imposing on NP’s development project a condition of approval, known as Condition 13(b), that was more onerous than that imposed on similarly situated development projects. The Court bifurcated the trial on the equal protection claim into a liability phase and a damages phase. See Docket…

2Cases cited16 opinions

  1. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  2. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  3. University of Tennessee v. ElliottSupreme Court of the United States · 1986
  4. Henry G. Mack v. South Bay Beer Distributors, Inc., Dba Bay Beer Distributors, a California CorporationCourt of Appeals for the Ninth Circuit · 1986
  5. Douglas Miller v. County of Santa CruzCourt of Appeals for the Ninth Circuit · 1994

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3Cited by5 opinions

  1. Miller v. Adell (In Re John Richards Homes Building Co.)District Court, E.D. Michigan · 2009
  2. Vanderpool v. LoftnessColorado Court of Appeals · 2012
  3. John Richards Homes Building Co. v. AdellDistrict Court, E.D. Michigan · 2009
  4. Hendrix v. Novartis Pharmaceutical Corp.District Court, C.D. California · 2013
  5. Sabatini v. California Board of Registered NursingDistrict Court, S.D. California · 2019

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