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SAN REMO HOTEL v. SAN FRANCISCO CITY

No. 03-15853.

364 F.3d 1088 (2004)

The SAN REMO HOTEL L.P.; Thomas Field; Robert Field; T & R Investment Corp., Plaintiffs-Appellants, v. SAN FRANCISCO CITY AND COUNTY, a Municipal Corporation; Department of City Planning; City Planning Commission; Opinion Board of Permit Appeals; Board of Supervisors of the City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2004.

Attorney(s) appearing for the Case

Paul F. Utrecht (argued), San Francisco, California, for the plaintiffs-appellants.

Andrew W. Schwartz (argued), Office of the City Attorney, San Francisco, California, for defendant-appellee City and County of San Francisco.

Meriem L. Hubbard, Sacramento, California, for Amicus Curiae Pacific Legal Foundation in support of the plaintiffs-appellants. Timothy J. Dowling, Washington, D.C., for amici curiae California State Association of Counties, League of California Cities, and International Municipal Lawyers Association, in support of the defendants-appellees.

Before: FERNANDEZ, HAWKINS, and THOMAS, Circuit Judges.

HAWKINS, Circuit Judge:

In the second appeal before this court, the owners of the San Remo Hotel challenge the constitutionality of a San Francisco ordinance which restricts an owner's ability to convert "residential" hotel rooms to tourist use. A prior panel ordered Pullman abstention at plaintiffs' request, and also declared some claims unripe, deferring a decision until after the claim had been litigated in the California courts. San Remo Hotel v. City...

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