Crown Point Development v. City of Sun Valley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CROWN POINT DEVELOPMENT, INC., 

Plaintiff-Appellant, v.

CITY OF SUN VALLEY; JON C.

THORSON, in his official capacity No. 06-35189 as Mayor of Sun Valley and in his private capacity; ANN AGNEW;  D.C. No.

CV-05-00492-EJL

BLAIR BOAND; KEVIN LAIRD; LUD

OPINION

RENICK, in their official capacities as members of the Sun Valley City Counsel and in their individual and private capacities, Defendants-Appellees.  Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Argued and Submitted October 19, 2007—Seattle, Washington

Filed November 1, 2007

Before: Dorothy W. Nelson, C. Arlen Beam,* and Pamela Ann Rymer, Circuit Judges.

Opinion by Judge Rymer

*The Honorable C. Arlen Beam, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

14451 CROWN POINT DEVELOPMENT v. SUN VALLEY 14453

COUNSEL

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

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

OPINION

RYMER, Circuit Judge:

This…