Court of Appeals for the Ninth Circuit May 28, 2003, No. 02-15447; D.C. No. CV-01-06413-AWI (Oregon Investors IX LP v. City of Merced)

MEMORANDUM*

The city council neither approved nor denied the project; its tie vote represented no action at all. See, e.g., Fisher v. Bd. of Police Comm’rs, 236 Cal.App.2d 298, 301, 45 Cal.Rptr. 859 (1965) (“[T]he action taken by the members did not constitute an effective exercise of discretion by the board as required by the charter....”).