CORTESE v. UNITED STATES

Nos. 84-5841, 84-5846.

782 F.2d 845 (1986)

Ross W. CORTESE, A.R. Ceresa, and William V. March, as Trustees for the Rossmoor Liquidating Trust, Plaintiffs/Counterdefendants-Appellants, v. UNITED STATES of America, Defendant/Counterclaimant-Appellee. and Related Counterclaims. GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, and Ross W. Cortese, A.R. Ceresa, and William V. March, as Trustees for the Rossmoor Liquidating Trust, Plaintiffs/Counterdefendants, v. UNITED STATES of America, Defendant/Counterclaimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1986.


Attorney(s) appearing for the Case

Rutan & Tucker, Leonard A. Hampel, David C. Larsen, Eric R. Newman, Costa Mesa, Cal., for plaintiffs/counterdefendants-appellants.

Levinson & Lieberman, Inc., Laurence R. Lieberman, Beverly Hills, Cal., Robert L. Klarquist, U.S. Dept. of Justice, Washington, D.C., for defendant/counterclaimant-appellee.

Before KENNEDY and ALARCON, Circuit Judges, and SOLOMON, District Judge.


KENNEDY, Circuit Judge:

We consider, in the appeal before us, whether principles of California real property law control this case and whether the government may enforce restrictions on certain real property. We further address whether it was error for the trial judge to take a view of the property in the circumstances described below. We affirm in part, reverse in part, and remand for further proceedings.

The subject matter of the suit is a 4,000-foot-wide...

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