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AMERICAN SAV. & LOAN ASS'N v. COUNTY OF MARIN

No. 77-3703.

653 F.2d 364 (1981)

AMERICAN SAVINGS AND LOAN ASSOCIATION, a California Corporation, Plaintiff-Appellant, v. COUNTY OF MARIN, a Public Entity et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Reargued and Resubmitted October 16, 1980.

Decided April 6, 1981.

Attorney(s) appearing for the Case

Edmund L. Regalia, Miller, Starr & Regalia, Oakland, Cal., for plaintiff-appellant.

Douglas J. Maloney, San Rafael, Cal., for defendants-appellees.

Before MERRILL, SKOPIL and ALARCON, Circuit Judges.

SKOPIL, Circuit Judge:

Rehearing has been granted. The opinion filed on June 13, 1980 is withdrawn and is replaced by this opinion.

Appellant, American Savings & Loan, appeals from the district court's grant of summary judgment in favor of Marin County ("the County"). The broad issue presented is whether a county zoning ordinance effects an unconstitutional "taking" of appellant's land, a spit extending into San Francisco Bay. The spit is zoned to require...

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