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LOCKARY v. KAYFETZ

No. 87-15044.

908 F.2d 543 (1990)

Matthew LOCKARY; Susan Irland Lockary; Charles Gilbert; Phyllis Gilbert; James Macey; Anton Holter; Mesa Ranch, Inc., Plaintiffs-Appellants, v. Paul KAYFETZ; Victor Amoroso; Mary Lowry; Diana Lopez Farnsworth; Frederick B. McClellan; Peter Warshall; David L. Van Dusen; Doris Elaine Lemieux; Jack Bowen McClellan; William Niman; Judith Weston, as individuals; Bolinas Community Public Utility District, an incorporated public utility district; Bolinas Planning Council, a nonprofit corporation; John Goodchild; Gregory C. Hewlett; Steve Matson; Patricia L. Smith; Ray Moritz; Robert J. Scarola; Diane Middleton McQuaid; Frederick G. Styles, as individuals; Marin County Planning Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Richard M. Stephens and Orrin F. Finch, Pacific Legal Foundation, Sacramento, Cal., for plaintiffs-appellants.

R.S. Cathcart, Bledsoe, Cathcart, Leahy, Starr & Hardiman, San Francisco, Cal., for defendant-appellee, Paul Kayfetz.

Richard E.V. Harris, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee, Bolinas Community Public Utility Dist.

Randall A. Padgett, Ginder, Belkin, Foster & Doyle, Berkeley, Cal., for defendants-appellees, Orville Schell and William Niman.

Before WIGGINS, THOMPSON and TROTT, Circuit Judges.

WIGGINS, Circuit Judge:

Appellants, individuals, a partnership, and its general partners, are current and former owners of undeveloped land who contest the grant of summary judgment to appellees, a public utility district and its directors. On appeal, the individual appellants assert that appellees' refusal to grant water hookups to them constitutes a regulatory taking of their land and violates their constitutional rights...

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