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UNITED STATES v. 15.65 ACRES OF LAND, ETC.

Nos. 81-4062, 81-4101.

689 F.2d 1329 (1982)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. 15.65 ACRES OF LAND in the COUNTY OF MARIN, STATE OF CALIFORNIA; Marin Ridgeland Company, a joint venture comprised of O.D.C. of California, Inc., a corporation; and J. H. Scheuer, a.k.a. James H. Scheuer; Housing Authority of the County of Marin; Redevelopment Agency of the County of Marin; County of Marin; and Unknown Owners, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1982.

As Amended on Denial of Rehearing and Rehearing September 10, 1982.

Attorney(s) appearing for the Case

Martin Green, Washington, D. C., argued, for the U. S.; Jacques B. Gelin, Dept. of Justice, Land and Natural Resources Div., Washington, D. C., on brief.

Jess Jackson, Burlingame, Cal., argued, for defendants-appellees/cross-appellants; Burton J. Goldstein, Goldstein, Barceloux & Goldstein, San Francisco, Cal., on brief.

Before CHOY, SNEED, and SCHROEDER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc September 10, 1982.

SNEED, Circuit Judge:

James H. Scheuer and Marin Ridgeland (both hereafter designated as the Company) owned a 164.03 acre tract, which they were developing for residential use. Their neighbors, Glass and Fitzsimmons, also intended to develop their lands. A condition to the latter developments was the dedication to public use of a road, which would provide southern access to the Company...

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