David N. Sederquist and Marilyn T. Sederquist v. City of Tiburon, a Municipal Corporation

This case presents another chapter in a long and bitter dispute between the City of Tiburón and several landowners. The essence of the landowners’ claim is that the City has taken their property without just compensation in violation of the fifth and fourteenth amendments of the United States Constitution. The district court granted summary judgment in favor of the City. We reverse and remand.

BACKGROUND

In 1959, David and Marilyn Sederquist acquired by deed approximately one acre at the top of Tiburón Ridge. Frank and Marie Gariffo acquired approximately one-half acre by deed in 1965, and J.W. Schuchardt similarly acquired approximately one-half acre in 1974. These lots and three others comprise an area referred to as the Hacienda Heights Subdivision located in the City of Tiburón. Tiburón was incorporated in 1964.

Each of these conveyances included a grant of a 50-foot easement to use Hacienda Drive for roadway and utility purposes. This easement extends from Hacienda Heights to Trestle Glen Boulevard, a public road. Hacienda Drive at this point is an unpaved road that bisects a “natural preserve” located near Hacienda Heights.

Hacienda Heights was created by the subdivision…

dissenting:

Although the majority, by detailing a long series of immaterial facts, attempts to portray this case as one of constitutional dimensions, in fact the case (1) is very simple and (2) does not reach constitutional proportions.

The plaintiffs are the owners of parcels of real estate which previously comprised one parcel. In 1958 and 1959, the previous owners of that parcel divided it into six lots without complying with the California Subdivision Map Act. That Act, Cal.Gov’t Code §§ 66410 et seq., states that a split of a parcel into five or more parcels constitutes a subdivision and requires the filing of a subdivision map. Id. § 66426. The purpose of a subdivision map is to require real estate developers to divide large parcels into lots which comply in size to zoning ordinances, to dedicate public roads, and to provide for sidewalks, curbs, gutters, water lines, sewers, fire hydrants, and easements for electrical facilities. See id. §§ 66418, 66419. The constitutionality of such requirements is no longer open to debate. Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 386-87 , 47 S.Ct. 114, 117-18 , 71 L.Ed. 303 (1926).

When the plaintiffs acquired their lots,…

765 F.2d 756 David N. SEDERQUIST and Marilyn T. Sederquist, Plaintiffs-Appellants, v. CITY OF TIBURON, a municipal corporation, Defendant-Appellee. No. 83-2111. United States Court of Appeals, Ninth Circuit. Argued Jan. 10, 1984. Submitted March 1, 1984. Decided Oct. 31, 1984. As Amended July 15, 1985. Robert G. Schuchardt, San Francisco, Cal., for plaintiffs-appellants. Lisa A. Goldfien, San Rafael, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before MERRILL, SKOPIL, and FERGUSON, Circuit Judges. SKOPIL, Circuit Judge: 1 This case presents another chapter in a long and bitter dispute between the City of Tiburon and several landowners. The essence of the landowners' claim is that the City has taken their property without just compensation in violation of the fifth and fourteenth amendments of the United States Constitution. The district court granted summary judgment in favor of the City. We reverse and remand. BACKGROUND 2 In 1959, David and Marilyn Sederquist acquired by deed approximately one acre at the top of Tiburon Ridge. Frank and Marie Gariffo acquired approximately one-half acre by deed in 1965, and…