Court of Appeals for the Ninth Circuit June 7, 1995, 92-35044 (Northwest Environmental Advocates, a Non-Profit Oregon Corporation and Nina Bell v. City of Portland)

KLEINFELD, Circuit Judge,

dissenting:

I respectfully dissent from Part II-B of the opinion. I concur in Part II-A.

We decided this case and filed our opinion in 1993, at 11 F.3d 900. As the majority concedes in footnote 1, the full court voted on whether to go en banc, and decided against it.