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LINDQUIST v. CITY OF PASADENA TEXAS

No. 09-20683.

669 F.3d 225 (2012)

James LINDQUIST; Sandra Lindquist, Plaintiffs-Appellants, v. The CITY OF PASADENA TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 2012.

Attorney(s) appearing for the Case

David Alfred Kahne (argued), Law Office of David A. Kahne , Houston, TX, for Plaintiffs-Appellants.

William S. Helfand (argued), Charles Teilhard Jeremiah , Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX, for Defendant-Appellee.

Deborah J. La Fetra , Timothy Mason Sandefur , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

OWEN, Circuit Judge:

James and Sandra Lindquist filed suit against the City of Pasadena, Texas (the City or Pasadena) alleging that the City violated their constitutional rights under the Texas and United States constitutions by exercising unbridled discretion in connection with the denial of an application for a waiver of city zoning ordinances. The present appeal comes to us following a remand as a result of a prior appeal in which this court reversed the district...

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