Legal Opinion

Agins v. City of Tiburon

California Supreme Court

Decided March 14, 1979No. S.F. 23866PublishedCited by 191 opinions

1Opinion of the Court

Opinion

RICHARDSON, J.

— We review the availability of inverse condemnation as a landowner’s remedy when a public agency has adopted a zoning ordinance which substantially limits use of his property. We will conclude that although a landowner so aggrieved may challenge both the constitutionality of the ordinance and the manner in which it is applied to his *270property by seeking to establish the invalidity of the ordinance either through the remedy of declaratory relief or mandamus, he may not recover damages on the theory of inverse condemnation.

Plaintiffs own five acres of unimproved land in the…

2Cases cited11 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. United States v. General Motors Corp.Supreme Court of the United States · 1945
  4. Selby Realty Co. v. City of San BuenaventuraCalifornia Supreme Court · 1973
  5. State of California v. Superior CourtCalifornia Supreme Court · 1974

6 more not listed; retrieve them via the Exa API.

3Cited by191 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986
  5. Henry Hendler, Paul Garrett, Tillie Goldring, as Trustees, and Henry Hendler and Irving Gronsky v. The United StatesCourt of Appeals for the Federal Circuit · 1991

186 more not listed; retrieve them via the Exa API.

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