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SINALOA LAKE OWNERS ASS'N v. CITY OF SIMI VALLEY

No. 86-6425.

882 F.2d 1398 (1989)

SINALOA LAKE OWNERS ASSOCIATION, et al., Plaintiffs/Appellants, v. CITY OF SIMI VALLEY, Defendant/Appellee, James Doody, et al., Defendants-cross-defendants/Appellees. v. Donald G. TUDOR; Jennie P. Tudor, et al., Third-party-defendants/Appellees, County of Ventura, Defendant-third-party-plaintiff/cross-claimant.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1989.

As Amended March 23, 1989.

As Amended on Denial of Rehearing and Rehearing August 9, 1989.

Attorney(s) appearing for the Case

Michael M. Berger and M. Reed Hunter, Fadem, Berger & Norton, Los Angeles, Cal., for plaintiffs-appellants.

Walter G. Mortensen, Spray, Gould & Bowers, Ventura, Cal., for defendant-third-party-plaintiff-cross-claimant County of Ventura.

Henry J. Walsh and Carol A. Woo, Lawler, Bonham & Walsh, Ventura, Cal., for defendant-appellee City of Simi Valley.

Joel A. Davis, Deputy Atty. Gen., Los Angeles, Cal., for defendants-cross-defendants-appellees Doody, Persson, Jacinto, Ley, Stephenson and McEwan.

Before BRUNETTI, KOZINSKI and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 9, 1989.

KOZINSKI, Circuit Judge:

We consider whether plaintiffs' fourth, fifth and fourteenth amendment claims are ripe for adjudication in federal court despite failure to exhaust state judicial remedies.

Facts

The complaint and stipulations of the parties set forth the following scenario:1 Plaintiff Sinaloa Lake Owners Association owns Sinaloa Dam...

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