Lawrence E. Furey, Trustee v. City of Sacramento, a Chartered City, County of Sacramento and Natomas Sanitation District of Sacramento County

Plaintiff Lawrence Furey appeals a grant of summary judgment in favor of defendants City of Sacramento and other municipal government entities. Furey claims that his property was taken in violation of the United States Constitution when his land was assessed to pay for the construction of a sewer system and the defendants subsequently prevented him from developing his land and thereby making use of the sewer. We affirm the judgment of the district court.

I.

STATEMENT OF FACTS

Plaintiff Lawrence Furey owns, as a trustee, approximately 1,157 acres in the Natomas area of Sacramento County. (The term “plaintiff” shall hereinafter be used to refer to Furey and/or his predecessor trustees). The Natomas area was unincorporated until October 1961, when it was annexed by the City of Sacramento. The land has, at all relevant times, been zoned and used solely for agricultural purposes. Nonetheless, the “Metropolitan Airport/Natomas Area Plan” adopted by the Sacramento County Board of Supervisors in 1962, the “Natomas General Development Plan” adopted by the Sacramento City Council in 1962, and the “General Plan” adopted by the Sacramento City Planning Commission in 1966 all envisioned…