Golden Gate Hotel Ass'n v. City & County of San Francisco

The City and County of San Francisco, the Tenderloin Housing Clinic, Inc. and the North of Market Planning Coalition (collectively “Appellants”) appeal the district court’s declaration that the City’s residential hotel conversion ordinance violates the Fifth Amendment’s proscription against taking private property without just compensation. After granting partial summary judgment in favor of the Golden Gate Hotel Association, an organization of residential hotel owners and operators, the court permanently enjoined the City from enforcing the regulation.

Before we may meet the merits of the constitutional law issues, we must decide whether the court abused its discretion in refusing to consider the statute of limitations issue presented to it by Appellants in the summary judgment proceedings.

The district court had jurisdiction under 28 U.S.C. §§ 1381 and 1334. The action became appealable on September 9, 1993, when the district court granted partial judgment in favor of Golden Gate and ordered a permanent injunction against Appellants, effectuating a previous order entered June 21, 1993, 836 F.Supp. 707 . An order granting a permanent injunction is a final order. See Mayor &…