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THE SAN REMO HOTEL v. CITY AND COUNTY OF SAN FRANCISCO

No. 96-16843.

145 F.3d 1095 (1998)

THE SAN REMO HOTEL; Thomas Field; Robert Field; T & R Investment Corp., Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; Department of City Planning; Board Of Permit Appeals; San Francisco Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1998.

Attorney(s) appearing for the Case

Andrew M. Zacks and Paul F. Utrecht, San Francisco, California, for the plaintiffs-appellants.

Andrew W. Schwartz, Deputy City Attorney, San Francisco, California, for the defendants-appellees.

Before: WOOD, RYMER, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Success is sometimes said to be the father of failure, and this and like cases are before the courts because San Francisco's success in attracting tourists has fathered a failure in an adequate stock of housing for the low income and disadvantaged population of the City. In 1990, the City and County of San Francisco (the "City") revised its Hotel Conversion Ordinance ("HCO") to increase restrictions on the use of hotel rooms for tourists and...

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