SEDERQUIST v. CITY OF TIBURON

No. 83-2111.

765 F.2d 756 (1984)

David N. SEDERQUIST and Marilyn T. Sederquist, Plaintiffs-Appellants, v. CITY OF TIBURON, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 1, 1984.

Decided October 31, 1984.

As Amended July 15, 1985.


Attorney(s) appearing for the Case

Robert G. Schuchardt, San Francisco, Cal., for plaintiffs-appellants.

Lisa A. Goldfien, San Rafael, Cal., for defendant-appellee.

Before MERRILL, SKOPIL, and FERGUSON, Circuit Judges.


SKOPIL, Circuit Judge:

This case presents another chapter in a long and bitter dispute between the City of Tiburon and several landowners. The essence of the landowners' claim is that the City has taken their property without just compensation in violation of the fifth and fourteenth amendments of the United States Constitution. The district court granted summary judgment in favor of the City. We reverse and remand.

BACKGROUND

In 1959, David and...

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