Schulz v. Milne

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul SCHULZ; Deborah Savage, Plaintiffs-Appellants, v. Terry MILNE; City and County of San Francisco; Department of City Planning; Department of Public Works; and Bernal Heights East Slope Design Review Board, Robert Passmore, Defendants-Appellees. No. 95-15703. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 15, 1996. Decided Oct. 3, 1996. 1 Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge * . 2 MEMORANDUM ** OVERVIEW 3 In October 1992, Paul Schulz and Deborah Savage (the Schulzes) sued various defendants under section 1983 for delays in the approval of their application for a building permit in the Bernal Heights neighborhood of San Francisco. The permitting process dragged on for three years. The basic thrust of the Schulzes' complaint is that the defendants unconstitutionally delegated permitting power to a private neighborhood board and that, by virtue of this…