AFFORDABLE HOUSING v. CITY OF FRESNO

Nos. 04-15625, 04-15644, 04-15650, 04-15683, 04-15693, 04-15753, 04-15780, 04-17130, 05-15104.

433 F.3d 1182 (2006)

AFFORDABLE HOUSING DEVELOPMENT CORPORATION, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. CITY OF FRESNO, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees. Affordable Housing Development Corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno; City Council of the City of Fresno, California; Sal Quintero; Garry Bredefeld; Henry Perea; Daniel Ronquillo; Todd Tolbert; Stephen V. Henson; Sharon L. Henson; Hernand J. Koubratoff; Laura A. Mather; Travis L. Compton; Vernon R. Wooley; Orie Reed; Barnell Caldwell; Diane R. Daniels; Richard Robertson; Janet Reid-Bills, Defendants, and Chris Mathys, Councilmember, sued in his official and personal capacity, Defendant-Appellee. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Travis L. Compton, an individual, Defendant-Appellee. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Travis L. Compton, an individual, Defendants, and Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Chris Mathys, Council Member, sued in his official and personal capacity, Defendant-Appellant. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Vernon R. Wooley, an individual; Richard Robertson, an individual, Defendants, and Travis L. Compton, an individual, Defendant-Appellant. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2006.


Attorney(s) appearing for the Case

William J. Davis, Los Angeles, CA, for plaintiffs-appellants/appellees Affordable Housing Development Corporation, et al.

Douglas T. Sloan, Fresno, CA, for defendants-appellees/appellants City of Fresno.

Nancy A. Jenner, Visalia, CA, for defendant-appellee/appellant Chris Mathys.

Howard A. Sagaser, Fresno, CA, for defendant-appellee/appellant Citizens.

Bruce J. Berger, Fresno, CA, for defendant-appellee/appellant Travis L. Compton.

Before: NOONAN, RYMER, and GOULD, Circuit Judges.


NOONAN, Circuit Judge:

Affordable Housing Development Corporation and its affiliate Ashwood Construction Co. (collectively AHDC) appeal the judgment of the district court, following a jury trial, in favor of defendants City of Fresno (the City) and individual council members and citizens. Holding that the district court properly reconciled the special verdicts of the jury, we affirm the judgment. Holding that there should be further consideration of the citizens'...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases