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CONFEDERACION de la RAZA UNIDA v. CITY OF MORGAN HILL

No. C-70 2495.

324 F.Supp. 895 (1971)

CONFEDERACION de la RAZA UNIDA, an unincorporated association, et al., Plaintiffs, v. CITY OF MORGAN HILL, a municipal corporation, et al., Defendants.

United States District Court, N. D. California.

March 24, 1971.

Attorney(s) appearing for the Case

Stephen Manley, Grace Kubota, Joel G. Schwartz, Edward Newman, San Jose, Cal., for plaintiffs.

Ernest Rusconi, Rusconi & Foster, Morgan Hill, Cal., for defendants.

OPINION AND ORDER

SCHNACKE, District Judge.

The City of Morgan Hill, California has adopted a zoning ordinance, generally referred to as the "Hillside Ordinance", the effect of which is to regulate and restrict housing density in certain hilly and mountainous areas of the City. The stated purpose of the ordinance, which is not disputed by plaintiffs, is to "facilitate [the] orderly and creative development" of such areas and "to preserve and enhance the...

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