Affordable Housing v. City of Fresno

• Decision Date: 11 January 2006
• Docket Number: No. 04-17130.,No. 05-15104.,No. 04-15683.,No. 04-15780.,No. 04-15644.,No. 04-15650.,No. 04-15625.,No. 04-15753.,No. 04-15693.,04-15625.,04-15644.,04-15650.,04-15683.,04-15693.,04-15753.,04-15780.,04-17130.,05-15104.
• Parties: AFFORDABLE HOUSING DEVELOPMENT CORPORATION, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. CITY OF FRESNO, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees. Affordable Housing Development Corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno; City Council of the City of Fresno, California; Sal Quintero; Garry Bredefeld; Henry Perea; Daniel Ronquillo; Todd Tolbert; Stephen V. Henson; Sharon L. Henson; Hernand J. Koubratoff; Laura A. Mather; Travis L. Compton; Vernon R. Wooley; Orie Reed; Barnell Caldwell; Diane R. Daniels; Richard Robertson; Janet Reid-Bills, Defendants, and Chris Mathys, Councilmember, sued in his official and personal capacity, Defendant-Appellee. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Travis L. Compton, an individual, Defendant-Appellee. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Travis L. Compton, an individual, Defendants, and Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Chris Mathys, Council Member, sued in his official and personal capacity, Defendant-Appellant. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Vernon R. Wooley, an individual; Richard Robertson, an individual, Defendants, and Travis L. Compton, an individual, Defendant-Appellant. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants. Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

433 F.3d 1182

AFFORDABLE HOUSING DEVELOPMENT CORPORATION, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. CITY OF FRESNO, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his

official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees.

Affordable Housing Development Corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno; City Council of the City of Fresno, California; Sal Quintero; Garry Bredefeld; Henry Perea; Daniel Ronquillo; Todd Tolbert; Stephen V. Henson; Sharon L. Henson; Hernand J. Koubratoff; Laura A. Mather; Travis L. Compton; Vernon R. Wooley; Orie Reed; Barnell Caldwell; Diane R. Daniels; Richard Robertson; Janet Reid-Bills, Defendants, and Chris Mathys, Councilmember, sued in his official and personal capacity, Defendant-Appellee.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Travis L. Compton, an individual, Defendant-Appellee.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Travis L. Compton, an individual, Defendants, and Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellants.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants, and Chris Mathys, Council Member, sued in his official and personal capacity, Defendant-Appellant.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld,

Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Vernon R. Wooley, an individual; Richard Robertson, an individual, Defendants, and

Travis L. Compton, an individual, Defendant-Appellant.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellees, v. City of Fresno, a municipal corporation, Defendant-Appellant, and City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants.

Affordable Housing Development Corporation, a California corporation; Ashwood Construction, a California corporation, Plaintiffs-Appellants, v. City of Fresno, a municipal corporation; City of Fresno City Council of the City of Fresno, California; Chris Mathys, Council Member, sued in his official and personal capacity; Sal Quintero, sued in his official and personal capacity; Garry Bredefeld, Council Member, sued in his official and personal capacity; Henry Perea, Council Member, sued in his official and personal capacity; Daniel Ronquillo, sued in his official and personal capacity; Todd Tolbert, an individual; Stephen V. Henson, an individual; Sharon L. Henson, an individual; Hernand J. Koubratoff, an individual; Laura A. Mather, an individual; Travis L. Compton, an individual; Vernon R. Wooley, an individual; Orie Reed, an individual; Barnell Caldwell, an individual; Diane R. Daniels, an individual; Richard Robertson, an individual; Janet Reid-Bills, an individual, Defendants-Appellees.

No. 04-15625.

No. 04-15644.

No. 04-15650.

No. 04-15683.

No. 04-15693.

No. 04-15753.

No. 04-15780.

No. 04-17130.

No. 05-15104.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted November 16, 2005.

Filed January 11, 2006.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

William J. Davis, Los Angeles, CA, for plaintiffs-appellants/appellees Affordable Housing Development Corporation, et al.

Douglas T. Sloan, Fresno, CA, for defendants-appellees/appellants City of Fresno.

Nancy A. Jenner, Visalia, CA, for defendant-appellee/appellant Chris Mathys.

Howard A. Sagaser, Fresno, CA, for defendant-appellee/appellant Citizens.

Bruce J. Berger, Fresno, CA, for defendant-appellee/appellant Travis L. Compton.

Appeal from the United States District Court for the Eastern District of California; Oliver W. Wanger, District Judge, Presiding. D.C. No. CV-97-05498-OWW/SMS.

Before: NOONAN, RYMER, and GOULD, Circuit Judges.

NOONAN, Circuit Judge:

Affordable Housing Development Corporation and its affiliate Ashwood Construction Co. (collectively AHDC) appeal the judgment of the district court, following a jury trial, in favor of defendants City of Fresno (the City) and individual council members and citizens. Holding that the district court properly reconciled the special verdicts of the jury, we affirm the judgment. Holding that there should be further consideration of the citizens' claims for attorney fees, we remand that issue to ...