49Hopkins, LLC v. City and County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaFebruary 28, 20203:19-cv-00811California4,596 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 49HOPKINS, LLC, Case No. 19-cv-00811-SI

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

CITY AND COUNTY OF SAN FRANCISCO, et al., Re: Dkt. No. 36 11 Defendants. 12 On February 21, 2020, the Court held a hearing on a motion to dismiss filed by defendants City and County of San Francisco (“the City”), Planning Commission of the City and County of San Francisco (“Planning Commission”), San Francisco Planning Department (“Planning Department”), San Francisco Department of Building Inspection (“DBI”), and the San Francisco Board of Supervisors (“BOS”). For the reasons set forth below, the Court concludes that plaintiff 49 Hopkins, LLC does not have a vested right in the 2014 permit at issue and GRANTS in part and DENIES in part the motion to dismiss, with leave to amend.1 20 1 Both parties also seek judicial notice of a variety of documents. Dkt. Nos. 34 (Defendants’ 21 RJN), 37…

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