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GOLDEN GATE HOTEL ASS'N v. SAN FRANCISCO

Nos. 93-16713, 93-16714, 93-16784.

18 F.3d 1482 (1994)

GOLDEN GATE HOTEL ASSOCIATION, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO and Brad Paul, Defendants-Appellants. GOLDEN GATE HOTEL ASSOCIATION, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO and Brad Paul, Defendants, and Tenderloin Housing Clinic, Inc., Defendant-Appellant. GOLDEN GATE HOTEL ASSOCIATION, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO and Brad Paul, Defendants, and North of Market Planning Coalition, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Andrew W. Schwartz and George K.H. Schell, Deputy City Attys., San Francisco, CA, for defendant-appellant.

Timothy J. Lee, Tenderloin Housing Clinic, San Francisco, CA, for defendant-appellant.

Douglas R. Young, Tamar Pachter, Farella, Braun & Martel, San Francisco, CA, for defendant-appellant.

Violet Elizabeth Grayson, Grayson & Topsfield, San Francisco, CA, for plaintiff-appellee.

John Blankenship, Montgomery, Purdue Blankenship & Austin, Seattle, WA; Paul D. Kamernar, Washington Legal Foundation, Washington, DC, for amicus.

R.S. Radford, Pacific Legal Foundation, Sacramento, CA, for amicus.

Andrew M. Zacks, San Francisco, CA, for amicus.

Paul F. Utrecht, Oakland, CA, for amicus.

Before: ALDISERT, WIGGINS, and BRUNETTI, Circuit Judges.

ALDISERT, Senior Circuit Judge:

The City and County of San Francisco, the Tenderloin Housing Clinic, Inc. and the North of Market Planning Coalition (collectively "Appellants") appeal the district court's declaration that the City's residential hotel conversion ordinance violates the Fifth Amendment's proscription against taking private property without just compensation. After granting partial summary judgment in favor of the Golden Gate Hotel Association, an organization...

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