96 Cal. Daily Op. Serv. 492, 96 Daily Journal D.A.R. 808 Turning Point, Inc. v. City of Caldwell Caldwell Planning and Zoning Department, Turning Point, Inc. v. City of Caldwell Caldwell Planning and Zoning Department

74 F.3d 941 96 Cal. Daily Op. Serv. 492 , 96 Daily Journal D.A.R. 808 TURNING POINT, INC., Plaintiff-Appellant, v. CITY OF CALDWELL; Caldwell Planning and Zoning Department, Defendants-Appellees. TURNING POINT, INC., Plaintiff-Appellee, v. CITY OF CALDWELL; Caldwell Planning and Zoning Department, Defendants-Appellants. Nos. 95-35223, 95-35237. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1995. Decided Jan. 24, 1996. John H. Bradbury, Lewiston, Idaho, for Plaintiff-Appellee. Kirtlan G. Naylor, Hamlin & Sasser, Boise, Idaho, for Defendants-Appellants. Appeals from the United States District Court for the District of Idaho. Before: D.W. NELSON and JOHN T. NOONAN, Circuit Judges, and TANNER * , District Judge. NOONAN, Circuit Judge: 1 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. Sec. 3601 , et seq. The district court made findings in…