Zilber

MEMORANDUM DECISION

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 property in the Town. In either 1981 or 1982, Zilber hired a developer to prepare and submit a development plan for the property. The developer submitted the plan but withdrew it prior to receiving a decision.

In late 1983, Zilber entered an agreement with a new developer, in which the developer obtained an option to purchase the property for $1.7 million. The developer filed two alternative applications for “conceptual development plan approval.” On October 15,1985, the Town Council enacted a moratorium on processing and approving subdivision applications pending completion of study of the general plan regarding…