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AUSTIN v. CITY AND COUNTY OF HONOLULU

Nos. 87-1540, 87-1571.

840 F.2d 678 (1988)

James W. AUSTIN; Carl E. York, Jr.; Richard F. Lert, Trustees of the Ariana A. Fairbanks Trust dated April 28, 1978; Robert O. Bullard, Jr.; Carl E. York, Jr., Successor Trustees of the 1976 Austin Revocable Trust dated December 11, 1976, Plaintiffs-Appellees, Cross-Appellants, v. CITY AND COUNTY OF HONOLULU, a municipal corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted December 3, 1987.

Decided February 24, 1988.

Attorney(s) appearing for the Case

Jonathan Chun, Deputy Corp. Counsel, Honolulu, Hawaii, for defendant-appellant, cross-appellee.

Ke-ching Ning, Green, Ning, Lilly & Jones, Honolulu, Hawaii, for plaintiffs-appellees, cross-appellants.

Before BROWNING, Chief Judge, WRIGHT, and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In this case we consider whether the Supreme Court's decision in Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) concerning inverse condemnation and ripeness, applies in cases in which state remedies available to the claimant are uncertain and undeveloped. We conclude that it does. Until Austin pursues unsuccessfully compensation...

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