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JACOBSON v. TAHOE REGIONAL PLANNING AGENCY

Nos. 75-2400, 76-1182, 76-1289 and 76-1608.

558 F.2d 928 (1977)

Nathan S. JACOBSON, Plaintiff-Appellant, v. TAHOE REGIONAL PLANNING AGENCY, a political subdivision of the States of Nevada and California, the State of Nevada, and the County of Washoe, Defendants-Appellees. Melvin F. JONES, Verona M. Jones, his wife, Leo D. Wyrsch, Cora E. Wyrsch, his wife, Paul W. Gould, Lola E. Gould, his wife, Joseph Trinchero, Delores G. Trinchero, his wife, Paul Williams and Lanai Corporation, a California Corporation, Plaintiffs-Appellants, v. TAHOE REGIONAL PLANNING AGENCY (T.R.P.A.), a political subdivision of the States of Nevada and California, California Tahoe Regional Planning Agency, the State of California, Placer County and Eldorado County, Defendants-Appellees. LAKE COUNTRY ESTATES, INC., a corporation, and Country Club Estates, a partnership, Plaintiffs-Appellants, v. TAHOE REGIONAL PLANNING AGENCY, County of El Dorado, and State of California, et al., Defendants-Appellees. LAYTON-TAHOE PROPERTIES, Plaintiff-Appellant, v. TAHOE REGIONAL PLANNING AGENCY, State of California, State of Nevada, County of Placer, and United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 5, 1977.

Attorney(s) appearing for the Case

Gary A. Owen, South Lake Tahoe, Cal., E. Clement Shute, Jr., Asst. Atty. Gen., Sacramento, Cal., Reginald Littrell, Auburn, Cal., James H. Thompson, Chief Deputy Atty. Gen., Carson City, Nev., George R. Hyde, Atty. U. S. Dept. of Justice, Washington, D. C., argued, for defendants-appellees.

Gary H. Moore, of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Richard A. Clarke, of Rockwell, Fulkerson & Barry, San Rafael, Cal., argued, for plaintiffs-appellants.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:*

On this appeal we are once more concerned with that "centaur of legislation,"1 an offspring of both state and federal law, the Tahoe Regional Planning Compact ("Compact"). Appellants complain that zoning ordinances of the Tahoe Regional Planning Agency ("TRPA"), a separate legal entity created under the provisions of the Compact, amount to an inverse condemnation or "taking...

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