In San Remo Hotel, LP v. City and County of San Francisco, the Ninth Circuit Court of Appeals decided that the property owners were precluded from bringing their claim in federal court because they had already litigated in state court. In particular, the Ninth Circuit expressly declined to follow a decision by the Second Circuit in Santini v. Connecticut Hazardous Waste Management Service, which allowed property owner to have access to federal court after litigation in a state court.
The Supreme Court is scheduled to hear oral arguments in the case in March. Any amicus briefs supporting the property owners are due on or about Jan. 24.
For more information on NAHB's position on the case, e-mail Duane Desiderio, NAHB’s vice president of litigation, or call him at 800-368-5242 x8146.