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MacLEOD v. SANTA CLARA COUNTY

No. 83-2480.

749 F.2d 541 (1984)

Morton P. MacLEOD, Plaintiff-Appellant, v. COUNTY OF SANTA CLARA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1984.

Attorney(s) appearing for the Case

Robert M. Westberg, Vaughn R. Walker, John M. Grenfell, Pillsbury, Madison & Sutro, San Francisco, Cal., for plaintiff-appellant.

Robert J. Menifee, Deputy County Counsel, San Jose, Cal., for defendant-appellee.

Before FARRIS, ALARCON, and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

Morton P. MacLeod (hereinafter MacLeod) appeals from the judgment in favor of Santa Clara County (hereinafter the County) holding that the County's denial of his application for a permit to harvest timber on his property did not constitute a compensable taking. MacLeod contends that the district court erred in holding that the denial of a permit to harvest timber did not effect a "taking" of his property for a public use, within the meaning...

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