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EMPRESS LLC v. CITY AND COUNTY

No. 03-16706.

419 F.3d 1052 (2005)

EMPRESS LLC, a California Limited Liability Company; Vijay Patel; Ramilaben Patel, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; San Francisco Planning Department; Lawrence Badiner, as San Francisco Zoning Administrator; Randall Shaw, as Executive Director of the Tenderloin Housing Clinic, Inc.; San Francisco Board of Appeals; Tenderloin Housing Clinic Inc., a California nonprofit corporation; San Francisco Zoning Administrator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2005.

Attorney(s) appearing for the Case

Andrew M. Zacks (Argued) and James B. Kraus (On the Briefs), San Francisco, CA, for the plaintiffs-appellants.

Stephen L. Collier, Tenderloin Housing Clinic, Inc., San Francisco, CA, for the defendants-appellees.

Before: THOMAS and FISHER, Circuit Judges, and ROBART, District Judge.

THOMAS, Circuit Judge:

The owners of the Empress Hotel brought this action against the Executive Director of the Tenderloin Housing Clinic, claiming that the City of San Francisco unlawfully delegated zoning decisions to him by taking official actions consistent with his requests on all zoning petitions affecting San Francisco's Tenderloin area. We conclude that the action is precluded by the Noerr-Pennington doctrine and affirm the judgment of the district court...

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