Legal Opinion
Empress LLC v. Cityand County of San Francisco
Court of Appeals for the Ninth Circuit
Decided August 17, 2005No. 03-16706PublishedCited by 6 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
The owners of the Empress Hotel brought this action against the Executive Director of the Tenderloin Housing Clinic, claiming that the City of San Francisco unlawfully delegated zoning decisions to him by taking official actions consistent with his requests on all zoning petitions affecting San Francisco’s Tenderloin area. We conclude that the action is precluded by the Noerr-Pennington doctrine and affirm the judgment of the district court.
I
The Empress Hotel is located in San Francisco’s Tenderloin district, an area which in the past has conjured up images of…
2Cases cited17 opinions
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Crawford-El v. BrittonSupreme Court of the United States · 1998
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
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3Cited by6 opinions
- Empress LLC v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2005
- (PC) Florence v. KernanDistrict Court, E.D. California · 2021
- (PC) Lopes v. California Department of CorrectionsDistrict Court, E.D. California · 2022
- (PC) Mendez v. DiazDistrict Court, E.D. California · 2020
- (PC) Turner v. GibsonDistrict Court, E.D. California · 2021
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