Legal Opinion
Hansen Brothers Enterprises, Inc. v. Board of Supervisors
California Supreme Court
Decided January 8, 1996No. S044011PublishedCited by 57 opinions
1Opinion of the Court
Opinion
BAXTER, J.
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 forbids continuation of nonconforming uses which have ceased operation for periods in excess of 180 days. Therefore, because the “mining operation” at issue is part of an aggregate production…
2Cases cited75 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
70 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- San Remo Hotel L.P. v. City & County of San FranciscoCalifornia Supreme Court · 2002
- City of University Place v. McGuireWashington Supreme Court · 2001
- Hotel & Motel Ass'n v. City of OaklandCourt of Appeals for the Ninth Circuit · 2003
- City of University Place v. McGuireWashington Supreme Court · 2001
- Mohilef v. JanoviciCalifornia Court of Appeal · 1996
52 more not listed; retrieve them via the Exa API.