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COMMERCIAL BUILDERS v. SACRAMENTO

No. 89-16398.

941 F.2d 872 (1991)

COMMERCIAL BUILDERS OF NORTHERN CALIFORNIA, and its affected members, Plaintiffs-Appellants, v. CITY OF SACRAMENTO, Council of the City of Sacramento, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1991.

Attorney(s) appearing for the Case

Edward J. Connor, Jr. and John M. Groen, Pacific Legal Foundation, Sacramento, Cal., for plaintiffs-appellants.

Alletta D'A. Belin, Marc B. Mihaly and W. Robert Ward, Jr., Shute, Mihaly & Weinberger, San Francisco, Cal., for defendants-appellees.

Before SCHROEDER, BEEZER and NOONAN, Circuit Judges.

SCHROEDER, Circuit Judge:

INTRODUCTION

Commercial Builders appeals the district court's grant of summary judgment in favor of the City of Sacramento in Commercial Builders' suit challenging a city ordinance to help expand available low-income housing. The Ordinance in question conditions certain types of nonresidential building permits upon the payment of a fee intended to offset the burdens on the city caused by...

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