Kinzli

Kinzli v. City of Santa Cruz

Good Law

539 F. Supp. 887·1982 U.S. Dist. LEXIS 18295

United States District Court, Northern District of CaliforniaApril 21, 1982C-80-2863 MHPCalifornia8,751 words

Opinion

Patel, J.

This case is presently before the court on the defendant’s motion for summary judgment as to all claims. Section I summarizes the complaint, and the succeeding sections consider the defendant’s challenges to various claims.

I

THE COMPLAINT

The central facts alleged in the amended complaint are as follows. The plaintiffs are Mrs. Margaret Kinzli, a 74-year-old widow, and her three children, Ernest and Philip Kinzli and Evelyn Goossen (“the Kinzlis”). The Kinzlis have for many years been the owners in fee simple of approximately 62 acres of essentially undeveloped land in the City and County of Santa Cruz.

The ownership of this property, on which Mrs. Kinzli and her late husband raised their children, is the chief product of their lifetime efforts. The land is presently uninhabited, and the only structural improvements are an outdated residence and some old barns, all of which have fallen into disuse. Since 1970 it has been surrounded by developed urban uses — including, on three sides, residential and commercial ones. It is, in its present state, economically nonproductive, and it cannot feasibly be put to agricultural or timber uses. At all times from 1970 to March 6,…

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Parties

Margaret KINZLI, Evelyn Goossen, Philip Kinzli, and Ernest Kinzli
Plaintiff
CITY OF SANTA CRUZ
Defendant

Judges

Patel

Cites (52)

278 U.S. 116
522 F.2d 897
447 U.S. 255
449 U.S. 155
438 U.S. 104
427 U.S. 50
534 F.2d 103
50 L. Ed. 2d 139
321 F. Supp. 908
487 F.2d 883
41 L. Ed. 2d 214
446 F.2d 83
92 Cal. App. 3d 15
653 F.2d 364
118 U.S. 356
561 F.2d 1327
643 F.2d 1188
406 U.S. 583
444 U.S. 996
100 S. Ct. 533
669 F.2d 1249
607 F.2d 1269
634 F.2d 900
387 U.S. 136
24 Cal. 3d 266
194 Cal. App. 2d 516
54 Cal. 2d 217
190 Cal. App. 2d 497
123 Cal. App. 2d 925
52 Cal. 2d 299
118 Cal. App. 2d 714
219 Cal. App. 2d 381
93 Cal. App. 3d 256
69 Cal. App. 3d 245
14 Cal. App. 3d 6
79 Cal. App. 3d 754
23 Cal. 3d 1
15 Cal. 3d 720
656 F.2d 1380
3 Cal. 3d 462
40 Cal. App. 3d 98
533 P.2d 952
13 Cal. 3d 710
452 U.S. 264
450 U.S. 621
605 F.2d 1117
649 F.2d 658
605 F.2d 1121
52 Cal. App. 2d 236
46 Wis. 2d 22
414 F. Supp. 1292
42 Cal. App. 3d 165