The Bookstore, Inc. v. Randy Leonard

Good Law
474 F. App'x 676
United States Court of Appeals for the Ninth CircuitJuly 23, 201211-35436California468 words

Opinion

Opinion

MEMORANDUM

Plaintiffs-Appellants, The Bookstore, Inc., an Oregon corporation, and its owners, appeal the district court’s grant of summary judgment in favor of Defendants-Appellees, the City of Portland and several Portland officials in their official and individual capacities. We review de novo, Gerhart v. Lake Cnty., 637 F.3d 1013, 1019 (9th Cir.2011), and we affirm. The parties are familiar with the facts underlying the appeal, and thus we do not include them here.

On appeal, Appellants argue that Appel-lees: (1) violated their equal protection rights by intentionally treating their property differently than similarly situated properties without a rational basis, (2) intentionally interfered with their economic relations, and (3) negligently shut off power to one of their buildings causing its roof to collapse.

1. Appellants assert a “class of one” equal protection claim. In a “class of one” claim, a plaintiff “does not allege that the defendants discriminate against a group with whom she shares characteristics, but rather that the defendants simply harbor animus against her in paHicular and therefore treated her arbitrarily.” Lazy Y Ranch Ltd. v. Behrens, 546 F.3d 580, 592…

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