Turning Point, Inc. v. City of Caldwell

Good Law
74 F.3d 941·96 Daily Journal DAR 808·1996 WL 29263·1996 U.S. App. LEXIS 1043·96 Cal. Daily Op. Serv. 492
United States Court of Appeals for the Ninth CircuitJanuary 24, 1996Nos. 95-35223, 95-35237California2,597 words

Opinion

Lead Opinion

Noonan, J.

Turning Point, Inc., a nonprofit Idaho corporation, brought suit against the City of Caldwell, Idaho, and the Caldwell Planning and Zoning Department (collectively, Caldwell). Turning Point alleged that the zoning ordinance of Caldwell was unconstitutionally vague and that its enforcement against Turning Point was a violation of the Fair Housing Act, 42 U.S.C. § 3601 , et seq. The district court made findings in favor of Turning Point on certain issues and in favor of Caldwell on other issues and gave limited relief to Turning Point. Turning Point’s appeal is on the issues decided against it and the extent of relief granted. Caldwell cross-appeals the damages awarded. We expand the relief, reduce the damages, and remand to the district court.

FACTS

The City of Caldwell is located about 25 miles west of Boise. According to the 1990 census, it has a population of 32,441. The further following facts are taken from the findings of fact made by the magistrate judge. They are undisputed on appeal:

In 1991 Caldwell lost its only existing homeless shelter, Maranantha House. Turning Point then began its search for property to use for a homeless shelter. It was operated by Phillip J.…

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