Docket No. S044011.

12 Cal.4th 533 (1996)

907 P.2d 1324

48 Cal. Rptr.2d 778

HANSEN BROTHERS ENTERPRISES, INC., Plaintiff and Appellant, v. BOARD OF SUPERVISORS OF NEVADA COUNTY et al., Defendants and Respondents.

Supreme Court of California.

January 8, 1996.

Attorney(s) appearing for the Case


Diepenbrock, Wulff, Plant & Hannegan, The Diepenbrock Law Firm, John V. Diepenbrock and Mark D. Harrison for Plaintiff and Appellant.

James S. Burling and Daniel T. Fitzpatrick as Amici Curiae on behalf of Plaintiff and Appellant.

James A. Curtis, County Counsel, and Harold E. DeGraw, Chief Deputy County Counsel, for Defendants and Respondents.

H. Peter Klein, County Counsel (Mendocino), Frank Zotter, Jr., Deputy County Counsel, Dwight L. Herr, County Counsel (Santa Cruz), Jonathan Wittwer, Chief Deputy County Counsel, Shute, Mihaly & Weinberger and Fran M. Layton as Amici Curiae on behalf of Defendants and Respondents.



The principal issue in this case is whether the "diminishing asset" doctrine is applicable to a mining operation which is carried on as a legal nonconforming use1 under a zoning ordinance that presently excludes mining from the permissible uses of the property. The 1954 Nevada County land use and development ordinance which governs the property that is the subject of this dispute also...

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