No. 79-602.

447 U.S. 255 (1980)


Supreme Court of United States.

Decided June 10, 1980.

Attorney(s) appearing for the Case

Gideon Kanner argued the cause for appellants. With him on the briefs were John P. Pollock and Reginald G. Hearn.

E. Clement Shute, Jr., argued the cause pro hac vice for appellee. With him on the brief were Robert I. Conn and Gary T. Ragghianti.*

Briefs of amici curiae urging affirmance were filed by Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, Elinor Hadley Stillman, and Jacques B. Gelin for the United States; by George Deukmejian, Attorney General, N. Gregory Taylor, Assistant Attorney General, and Richard C. Jacobs, Deputy Attorney General, for the State of California; by the Attorneys General and other officials of their respective jurisdictions as follows: J. D. MacFarlane, Attorney General of Colorado; Richard S. Gebelein, Attorney General of Delaware, and Regina M. Small, State Solicitor; Jim Smith, Attorney General of Florida, and Richard Hixson, Assistant Attorney General; Wayne Minami, Attorney General of Hawaii; William J. Scott, Attorney General of Illinois, and George Wolff, Assistant Attorney General; William J. Guste, Jr., Attorney General of Louisiana, and Kendall Vick, Assistant Attorney General; Richard S. Cohen, Attorney General of Maine, and Cabanne Howard, Assistant Attorney General; Stephen H. Sachs, Attorney General of Maryland, and Paul F. Strain and Thomas A. Deming, Deputy Attorneys General; Francis X. Bellotti, Attorney General of Massachusetts, and Stephen M. Leonard, Assistant Attorney General; Robert Abrams, Attorney General of New York; William J. Brown, Attorney General of Ohio, and Colleen Nissl, Assistant Attorney General; James A. Redden, Attorney General of Oregon, and Peter S. Herman and Mary J. Deits, Deputy Attorneys General; M. Jerome Diamond, Attorney General of Vermont, and Bensen D. Scotch, Assistant Attorney General; Slade Gorton, Attorney General of Washington, and Charles B. Roe, Jr., Senior Assistant Attorney General; and Bronson C. La Follette, Attorney General of Wisconsin, for the State of Colorado et al.; by John H. Larson and Paul T. Hanson for the County of Los Angeles; by Robert J. Logan and Jeffrey P. Widman for the City of San Jose et al.; by Daniel Riesel, Nicholas A. Robinson, Joel H. Sachs, Ross Sandler, and Philip Weinberg for the Committee on Environmental Law of the Association of the Bar of the City of New York; by David Bonderman for the Conservation Foundation et al.; and by Elliott E. Blinderman for the Federation of Hillside and Canyon Associations, Inc., et al.

Briefs of amici curiae were filed by Timothy B. Flynn and A. Thomas Hunt for the American Planning Association et al.; by Frank Schnidman for the National Association of Manufacturers; and by Louis E. Goebel and Guenter S. Cohn for San Diego Gas & Electric Co.

MR. JUSTICE POWELL delivered the opinion of the Court.

The question in this case is whether municipal zoning ordinances took appellants' property without just compensation in violation of the Fifth and Fourteenth Amendments.


After the appellants acquired five acres of unimproved land in the city of Tiburon, Cal., for residential development, the city was required by state law to prepare a general plan...

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