MOORE v. CITY OF COSTA MESA

No. 87-6432.

886 F.2d 260 (1989)

Gary A. MOORE, Plaintiff-Appellant, v. CITY OF COSTA MESA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 26, 1988.

Decided September 26, 1989.


Attorney(s) appearing for the Case

Terry M. Moshenko, Newport Beach, Cal., for plaintiff-appellant.

Richard Booth and Larry T. Pleiss, Madory, Booth, Zell and Pleiss, Tustin, Cal., for defendants-appellees.

Before HALL and LEAVY, Circuit Judges, and GEORGE, District Judge.


LEAVY, Circuit Judge:

OVERVIEW

The appellant Gary Moore (Moore) claims that a conditional variance requiring part of his property to be deeded to the City of Costa Mesa (the City) was a partial temporary taking in violation of the fifth amendment, for which he is owed compensation. The conditional variance ultimately was declared invalid by the California courts.

We affirm the decision of the district court that the conditional variance was not a...

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