Mayer v. Wedgewood Neighborhood Coalition

707 F.2d 1020 Kurtis R. MAYER and Pamela R. Mayer, d/b/a Mayer Built Homes, Plaintiffs-Appellants, v. The WEDGEWOOD NEIGHBORHOOD COALITION, a Washington nonprofit corporation, Julian F. and Belle A. Benoit, et al., Defendants-Appellees. No. 82-3080. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 4, 1983. Decided June 6, 1983. Ken G. Kieffer, Tacoma, Wash., for plaintiffs-appellants. Ross E. Taylor, Rush, Kleinwachter & Hannula, Tacoma, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before BROWNING, Chief Judge, FLETCHER and PREGERSON, Circuit Judges. PER CURIAM: 1 Plaintiff Mayer sought to construct rental housing for low-income families under 42 U.S.C. Sec. 1437f on land bordering defendants' neighborhood. Defendants opposed the development in a series of administrative proceedings and court actions, see Brister v. Council of City of Tacoma, 27 Wash.App. 474 , 619 P.2d 982 (1980), but plaintiff was ultimately allowed to proceed. Plaintiff then filed this suit under 42 U.S.C. Sec. 1985 (3) to recover damages from defendants for an alleged conspiracy to deny rights established by…