Bruno Martino and Eugenia Martino v. Santa Clara Valley Water District

Good Law
703 F.2d 1141·1983 U.S. App. LEXIS 28835
United States Court of Appeals for the Ninth CircuitApril 14, 198381-4578California3,431 words

Opinion

Opinion

Pregerson, J.

Bruno and Eugenia Martino brought this action for damages against the Santa Clara Valley Water District (“Water District”), the City of Morgan Hill (“Morgan Hill”) and the Water District’s chief real estate agent, Donald A. Lawrie. The Martinos sought damages for inverse condemnation and for violations of the Federal Civil Rights Act, 42 U.S.C. §§ 1983 , 1985 and 1986, arising out of an alleged “taking” of their property without just compensation.

The district court granted defendants’ motion for summary judgment against the Martinos on both claims. The court held that the Martinos’ failure to submit a development plan upon which the Water District and Morgan Hill could act precluded the Martinos from proving an “invasion or appropriation” of their property rights and that the case was therefore not ripe for adjudication. The Martinos appealed.

Based on our belief that the Martinos’ complaint alleged facts which, if true, could constitute a “taking” whether or not a development plan was submitted, we hold that summary judgment was inappropriate. Accordingly, we reverse and remand the matter for trial.

FACTS

The Martinos are the owners of approximately 4.4 acres of land in the…

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