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SHELTER CREEK DEVELOPMENT CORP. v. CITY OF OXNARD

No. 86-6608.

838 F.2d 375 (1988)

SHELTER CREEK DEVELOPMENT CORPORATION; Leo A. O'Hearn; Margaret E. O'Hearn, Plaintiffs-Appellants, v. CITY OF OXNARD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Donald R. Colvin, Los Angeles, Cal., for plaintiffs-appellants.

K.D. Lyders, City Attorney, Oxnard, Cal., for defendant-appellee.

Robert K. Best, Pacific Legal Foundation, Sacramento, Cal., for amicus.

Before ALARCON and NELSON, Circuit Judges, and MUECKE, District Judge.

ALARCON, Circuit Judge:

Shelter Creek Development Corporation (Shelter Creek), Leo A. O'Hearn and Margaret E. O'Hearn (the O'Hearns) appeal from a judgment for the City of Oxnard (the City) in an action under 42 U.S.C. § 1983 (1982) challenging the constitutionality of the City's ordinance as applied to their property. We conclude that the matter is not ripe for judicial adjudication. We vacate the district court's judgment on the merits and remand with an order...

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