Empress LLC v. City and County of San Francisco

419 F.3d 1052 EMPRESS LLC, a California Limited Liability Company; Vijay Patel; Ramilaben Patel, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; SAN FRANCISCO Planning Department; Lawrence Badiner, as San Francisco Zoning Administrator; Randall Shaw, as Executive Director of the Tenderloin Housing Clinic, Inc.; San Francisco Board of Appeals; Tenderloin Housing Clinic Inc., a California nonprofit corporation; San Francisco Zoning Administrator, Defendants-Appellees. No. 03-16706. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 2005. Filed August 18, 2005. Andrew M. Zacks (Argued) and James B. Kraus (On the Briefs), San Francisco, CA, for the plaintiffs-appellants. Stephen L. Collier, Tenderloin Housing Clinic, Inc., San Francisco, CA, for the defendants-appellees. Appeal from the United States District Court for the Northern District of California; Phyllis J. Hamilton, District Judge, Presiding. D.C. No. CV-02-01999-PJH. Before: THOMAS and FISHER, Circuit Judges, and ROBART, * District Judge. THOMAS, Circuit Judge: 1 The owners of the Empress Hotel brought this action against the Executive Director of the Tenderloin Housing Clinic,…