Associated General Contractors of California, Inc. v. City & County of San Francisco

OPINION AND ORDER

This case comes before the court on the cross-motions of plaintiffs, defendant, and defendant-intervenors, for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. The parties having fully briefed the issues, the matter was submitted without oral argument on June 3, 1985. After careful consideration of the parties’ papers, and the entire record herein, the Court determines that there is no genuine dispute over a material issue of fact, and that defendant and defendant-in-tervenors are entitled to judgment as a matter of law. Deukmejian v. United States Postal Service, 734 F.2d 460, 462 (9th Cir.1984). Accordingly, and for the reasons set forth below, defendant and defendant-intervenor’s motions for summary judgment are HEREBY GRANTED and plaintiffs’ motion for summary judgment is HEREBY DENIED.

The instant action concerns a facial attack upon the validity of the Minority/Women/Local Business Utilization Ordinance, Chapter 12D of the San Francisco Administrative Code (hereafter “Ordinance”), enacted by the Board of Supervisors (hereafter “Board”) of the City and County of San Francisco (hereafter “City”) on April 2, 1984. The…