CONSTRUCTION IND. ASS'N, SONOMA CTY. v. CITY OF PETALUMA

No. 74-2100.

522 F.2d 897 (1975)

CONSTRUCTION INDUSTRY ASSOCIATION OF SONOMA COUNTY, a California nonprofit Corporation, et al., Plaintiffs-Appellees, v. The CITY OF PETALUMA, a California Charter City, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied October 2, 1975.

Certiorari Denied February 23, 1976.


Attorney(s) appearing for the Case

Robert T. Anderson (argued), Orinda, Cal., Sturgis, Den-Dlk, Douglass & Anderson, Oakland, Cal., for defendants-appellants.

Daniel Wm. Fessler, Davis, Cal. (argued), Charles M. Haar, Cambridge, Mass., on the brief, for Joint Center for Urban Studies of Mass. Institute of Technology and Harvard University, amicus curiae in support of defendants-appellants.

C. Foster Knight, San Diego, Cal. (argued), Evelle J. Younger, Atty. Gen., Sacramento, Cal., on the brief for State of Cal., amicus curiae in support of defendants-appellants.

Ronald J. Gilson (argued) Steinhart, Goldberg, Feigenbaum & Lader, San Francisco, Cal., for Environmental Defense Fund, Inc., amicus curiae in support of defendants-appellants.

Malcolm A. Misuraca (argued) Arata, Misuraca & Clement, Santa Rosa, Cal., for plaintiffs-appellees.

Martin E. Sloane, Washington, D. C. (argued) Arthur Wolf, Washington, D. C., on the brief, for National Committee Against Discrimination in Housing, amicus curiae in support of plaintiffs-appellees.

Donald M. Pach, Sacramento, Cal., (argued) Ronald A. Zumbrum and Thomas E. Hookano, Sacramento, Cal., on the brief, for Pacific Legal Foundation, amicus curiae in support of plaintiffs-appellees.

Before BARNES and CHOY, Circuit Judges and EAST, District Judge.


Rehearing and Rehearing En Banc Denied October 2, 1975.

Certiorari Denied February 23, 1976. See 96 S.Ct. 1148.

OPINION

CHOY, Circuit Judge:

The City of Petaluma (the City) appeals from a district court decision voiding as unconstitutional certain aspects of its five-year housing and zoning plan. We reverse.

Statement of Facts

The City is located in southern Sonoma County, about 40 miles north of San Franciso. In...

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