AGINS v. CITY OF TIBURON

Docket No. S.F. 23866.

24 Cal.3d 266 (1979)

598 P.2d 25

157 Cal. Rptr. 372

DONALD W. AGINS et al., Plaintiffs and Appellants, v. CITY OF TIBURON et al., Defendants and Respondents.

Supreme Court of California.

March 14, 1979.


Attorney(s) appearing for the Case

COUNSEL

Reginald G. Hearn for Plaintiffs and Appellants.

Ronald A. Zumbrun, Thomas E. Hookano and Elleene A. Kirkland as Amici Curiae on behalf of Plaintiffs and Appellants.

Robert I. Conn, City Attorney, Gary T. Ragghianti and Richard H. Breiner, Deputy City Attorneys, for Defendants and Respondents.

Evelle J. Younger, Attorney General, E. Clement Shute, Jr., Robert H. Connett, Assistant Attorneys General, and Richard C. Jacobs, Deputy Attorney General, as Amici Curiae on behalf of Defendants and Respondents.


OPINION

RICHARDSON, J.

We review the availability of inverse condemnation as a landowner's remedy when a public agency has adopted a zoning ordinance which substantially limits use of his property. We will conclude that although a landowner so aggrieved may challenge both the constitutionality of the ordinance and the manner in which it is applied to his property by seeking to establish...

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