Makdessian

MEMORANDUM **

Harut and Sossy Makdessian appeal the district court’s order granting summary judgment in favor of the City of Mountain View, California, on the Makdessians’ action under 42 U.S.C. § 1988 . The Makdessians allege that the City violated their constitutional rights to procedural due process by sending their appeal of a conditional use permit modification back to the City Zoning Administrator rather than to a hearing before the City Council. The district court found that the denial of a hearing before the City Council did not rise to the level of a due process violation, as the Makdessians were not deprived of a property right. We affirm.

The Makdessians leased property in an area zoned for residential use from Thomas Sinkiewicz in early 2001. They received a conditional use permit from the City in April, which allowed them to operate an automobile repair shop on their property. In response to complaints from neighbors about the business, the City sent the Makdessians a letter in June 2001 advising them to correct all violations of the municipal code and of the conditions of their permit. Complaints from the neighbors continued, and the City scheduled a public permit…