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COMMUNITY HOUSE, INC. v. CITY OF BOISE, IDAHO

No. 09-35780.

623 F.3d 945 (2010)

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

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2010.

Attorney(s) appearing for the Case

Howard A. Belodoff , Idaho Legal Aid Services, Inc., Boise, ID, for the plaintiffs/appellees.

Phillip J. Collaer , Anderson, Julian & Hull LLP, Boise, ID, for the defendants/appellants.

Opinion by Judge TROTT; Concurrence by Chief Judge KOZINSKI.

OPINION

TROTT, Circuit Judge:

The lawsuit underlying this appeal arises from the City of Boise, Idaho's communal assumption almost twenty years ago of shared responsibility for the care and housing of a vulnerable sector of its population—the homeless.

In connection with the City's legislative objectives, Community House, Inc. ("CHI") leased from the City in 1994 as part of a public/private partnership a building that CHI operated as a homeless...

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