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GAMBLE v. CITY OF ESCONDIDO

No. 95-56019.

104 F.3d 300 (1997)

John GAMBLE; Fie A. Gamble; Life Care Residences, Inc., doing business as Oak Hill Residential Care, Plaintiffs-Appellants, v. CITY OF ESCONDIDO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1997.

Attorney(s) appearing for the Case

Charles D. Nachand, Law Offices of Charles D. Nachand, Escondido, California, for the plaintiff-appellant.

Jeffrey R. Epp, City Attorney, Escondido, California, for the defendant-appellee.

Before: BRUNETTI, TROTT and THOMAS, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

John Gamble, Fie Gamble, and Life Care Residences, Inc. ("Gamble") sought to construct a complex for physically disabled elderly adults in a single-family residence area in Escondido, California. The City of Escondido ("City") denied the building permit application because the proposed building was too large for the lot and did not conform in size and bulk with the neighborhood structures. The district court granted the City...

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