Eleopoulos

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

Plaintiffs have filed an action alleging a de facto taking of their property by defendants without just compensation in violation of the 5th and 14th Amendments. Jurisdiction is alleged under 28 U.S.C. § 1331 . The major actions which allegedly constitute a taking are as follows: On September 8, 1959, the City Council of Richmond, California adopted Resolution No. 7092. That resolution designated Redevelopment Area No. 10, which includes plaintiffs’ two-story commercial building, declared that the area was blighted, and stated that redevelopment was necessary. Adoption of that resolution and attendant publicity, as well as direct notices, informed all owners and users of property in the area that public acquisition was imminent and demolition probable.

On December 27, 1962, on request of the Redevelopment Agency, the City Council adopted Resolution No. 8027. Under that Resolution, the Redevelopment Agency was given authority to review all applications for building construction or improvement permits in the redevelopment area. If such a proposed improvement did not conform with the preliminary redevelopment plan, the permit would be…