Crippen

Crippen v. City of Fresno

Good Law
274 F. App'x 526
United States Court of Appeals for the Ninth CircuitApril 17, 2008No. 06-16046California1,284 words

Opinion

Lead Opinion

MEMORANDUM **

Archie Crippen (“Crippen”) appeals the adverse summary judgment grant in his 42 U.S.C. § 1983 action, alleging that the City of Fresno (“the City”) violated his Fourteenth Amendment equal protection rights under the doctrine articulated in Village of Willowbrook v. Olech, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (per curiam). We affirm.

Crippen is a licensed California contractor who operated, on properties he owned in the City, public truck scales, a concrete/asphalt recycling business, and a wood waste, storage, and recycling business. In January 2003, a five-acre debris pile located on Crippen’s property caught fire and burned for approximately thirty days. It was one of the worst disasters in Fresno’s recent history, leading to the declaration of a local emergency and requiring federal and state agencies to assist the City in fire suppression and clean-up efforts at the cost of millions of public dollars.

In response to the fire, City officials revoked Crippen’s conditional use permits; placed a hold on Crippen’s applications for demolition permits; and designated Crippen a “non-responsible bidder,” which impeded his ability to enter into public…

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