Legal Opinion
Zilber v. Town of Moraga
District Court, N.D. California
Decided August 22, 1988No. C-87-1613 EFLPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
LYNCH, District Judge.
This action arises from defendant Town of Moraga’s one-and-a-half-year moratorium on certain development applications and the passage of the Moraga Open Space Ordinance (“MOSO”). Plaintiff Zilber contends that the Town’s actions violate the taking clause of the fifth amendment as well as substantive due process principles. The case is presently before the Court on the Town’s motion for summary judgment. For the reasons explained below, the motion is granted.
BACKGROUND
As trustee for several entities, Zilber owns a number of undeveloped parcels of…
2Cases cited24 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
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3Cited by14 opinions
- Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
- Kawaoka v. City of Arroyo GrandeCourt of Appeals for the Ninth Circuit · 1994
- Kawaoka v. City of Arroyo GrandeCourt of Appeals for the Ninth Circuit · 1994
- Joan Doe v. The City Of ButlerCourt of Appeals for the Third Circuit · 1989
- Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencyDistrict Court, D. Nevada · 1999
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