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COMMUNITY HOUSE, INC. v. CITY OF BOISE

No. 05-36195.

468 F.3d 1118 (2006)

COMMUNITY HOUSE, INC.; Marlene K. Smith; Greg A. Luther; Jay D. Banta, Plaintiffs-Appellants, v. CITY OF BOISE, IDAHO; David H. Bieter, Mayor; Boise City Council; Maryann Jordan; Elaine Clegg; Vernon Bisterfeldt; David Eberle; Jerome Mapp; Alan Shealy, Boise City Council Members; Bruce Chatterton, Director, Planning and Development Services; Jim Birdsall, Manager, Housing and Community Development, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 9, 2006.

Attorney(s) appearing for the Case

Howard A. Belodoff, Boise, ID, for the plaintiffs-appellants.

Phillip J. Collaer, Boise, ID, for the defendants-appellees.

Brent D. Sokol, Los Angeles, CA, for amici curiae Anti-Defamation League and Americans United for Separation of Church and State.

Before: THOMPSON, TASHIMA, and CALLAHAN, Circuit Judges.

THOMPSON, Senior Circuit Judge:

The plaintiffs-appellants Community House, Inc. ("CHI"), Marlene K. Smith, Greg A. Luther, and Jay D. Banta (collectively, "plaintiffs") appeal the district court's partial denial of their motion for a preliminary injunction against the defendants-appellees City of Boise, Idaho, its mayor, its city council members, and two of its employees.

The City of Boise owned a homeless shelter...

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