Arroyo Vista Partners v. County of Santa Barbara

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Defendant County of Santa Barbara moves to dismiss the complaint pursuant to Rules 12(b)(6) and 12(b)(1), Fed.R.Civ.P. or, in the alternative, requests the Court abstain from the exercise of jurisdiction and dismiss or stay the case because resolution of state law claims may obviate the need for constitutional adjudication in federal court. Hearing on the County’s motions was held on February 12, 1990. For the reasons explained below, the Court grants the County’s motion to dismiss the complaint.

BACKGROUND

Plaintiff Arroyo Vista Partners (“ARROYO VISTA”), a California real estate development partnership, brought this action against the County of Santa Barbara (“COUNTY”) and the Board of Supervisors for Santa Barbara County (“BOARD”) for alleged violations of 42 U.S.C. § 1983 , for writs of mandamus under federal law, and for an unlawful taking of property under the California Constitution. Plaintiff has not brought suit against any individual member of the Board or other County official as a defendant in any capacity.

On July 18, 1989 the Board of Supervisors denied Plaintiff Arroyo Vista’s applications…