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OCEANIC CALIFORNIA, INC. v. CITY OF SAN JOSE

No. C-78-2622 AJZ.

497 F.Supp. 962 (1980)

OCEANIC CALIFORNIA, INC., a California Corporation, Plaintiff, v. CITY OF SAN JOSE, a Municipal Corporation, Defendant.

United States District Court, N. D. California.

August 21, 1980.

Attorney(s) appearing for the Case

Ellman, Passovoy & Burke, Howard N. Ellman, San Francisco, Cal., for plaintiff.

Berliner, Cohen & Biagini, Andrew L. Faber, Robert Logan, City Atty. of San Jose, San Jose, Cal., for defendant.

OPINION AND ORDER DENYING MOTION FOR ABSTENTION AND GRANTING MOTION TO DISMISS

ZIRPOLI, District Judge.

Plaintiff, Oceanic California, Inc. (hereinafter "Oceanic") alleges in its First Amended Complaint that defendant, the City of San Jose ("the City"), has deprived it of "the entire, economic beneficial use" of its property, some 7,300 acres of land lying within the City. Oceanic charges that the City has forced Oceanic to hold the land as a "public viewshed...

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