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TYLER v. CUOMO

No. 99-16242.

236 F.3d 1124 (2000)

James B. TYLER; Mary Ann Hartman; James F. Durfee; Edward A. Johnson; Andrew L. Solow, Plaintiffs-Appellants, v. Andrew CUOMO, Secretary of HUD; City and County of San Francisco, a Municipal Corporation; Mission Housing Development Corporation, a California Corporation; 1010 SVN Associates, a California Limited Partnership; Vincent Marsh, Secretary, San Francisco Landmarks Preservation Advisory Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2000.

Attorney(s) appearing for the Case

Antonio Rossmann, San Francisco, California, and Laurel S. Stanley, Stanley & Rose, Oakland, California, for the plaintiffs-appellants.

Lisa-Anne M. Wong, Deputy City Attorney, San Francisco, California, for defendant-appellee City and County of San Francisco.

Sean H. Donahue, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendant-appellee Andrew Cuomo, Secretary of Housing and Urban Development.

Stuart C. Plunkett, O'Melveny & Myers LLP, San Francisco, California, for defendants-appellees Mission Housing Development Corporation and 1010 SVN Associates.

Before: Andrew J. KLEINFELD, A. Wallace TASHIMA, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted June 16, 2000 — San Francisco, California.

TASHIMA, Circuit Judge:

For the second time, this case is before us for the resolution of justiciability issues. Following remand from this court, the district court dismissed the action for the second time for lack of Article III standing. Plaintiffs, who are homeowners in San Francisco's Mission District ("Homeowners" or "plaintiffs"), again...

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