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CROWN POINT DEVELOPMENT v. CITY OF SUN VALLEY

No. 06-35189.

506 F.3d 851 (2007)

CROWN POINT DEVELOPMENT, INC., Plaintiff-Appellant, v. CITY OF SUN VALLEY; Jon C. Thorson, in his official capacity as Mayor of Sun Valley and in his private capacity; Ann Agnew; Blair Boand; Kevin Laird; Lud Renick, in their official capacities as members of the Sun Valley City Counsel and in their individual and private capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2007.

Attorney(s) appearing for the Case

J. David Breemer, Pacific Legal Foundation, Sacramento, CA, for the appellant.

James J. Davis, Boise, ID, for the appellees.

Before: D.W. NELSON, C. ARLEN BEAM, and PAMELA ANN RYMER, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to decide whether a developer may state a claim for relief based on the allegedly arbitrary and irrational denial of a permit application. The district court said not, relying on our decision in Armendariz v. Penman, 75 F.3d 1311 (9th Cir.1996) (en banc), which held that the Fifth Amendment's Takings Clause subsumes or "preempts" substantive due process claims. Accordingly, it dismissed...

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