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KAWAOKA v. CITY OF ARROYO GRANDE

No. 92-55714.

17 F.3d 1227 (1994)

Kingo KAWAOKA; Tatsumi Kawaoka, Plaintiffs-Appellants, v. The CITY OF ARROYO GRANDE; The City Council of Arroyo Grande; Mark M. Millis; B'Ann Smith; Gene Moots; A.K. Dougall; Doris Olsen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1994.

Attorney(s) appearing for the Case

John B. Murdock, Santa Monica, California, for the plaintiffs-appellants.

Katherine E. Stone, Myers, Widders & Gibson, Ventura, California, for the defendants-appellees.

Craig Labadie, Robert N. Katz, McDonough, Holland & Allen, Oakland, California, for the amicus.

Before: FLETCHER, PREGERSON and HALL, Circuit Judges.

FLETCHER, Circuit Judge:

Kingo and Tatsumi Kawaoka appeal the district court's grant of summary judgment for the City of Arroyo Grande (the "City") on the Kawaokas' claims that the City's general plan and temporary water moratorium deny the Kawaokas substantive due process and equal protection. We affirm.

BACKGROUND

Since 1954, the Kawaokas have owned thirty-five acres of land within the City of Arroyo Grande. Until recently, the Kawaokas have used...

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