Lake Nacimiento Ranch Co. v. County of San Luis Obispo

Good Law
830 F.2d 977
United States Court of Appeals for the Ninth CircuitOctober 30, 198785-6475, 86-5858California4,636 words

Opinion

Opinion

Hall, J.

Plaintiff, Lake Nacimiento Ranch Company (Ranch) brought this action against the County of San Luis Obispo (County), alleging that the County’s restrictions on its property accomplished an unconstitutional taking. The Ranch also claims that the County Board of Supervisors violated its right to due process because one of the voting supervisors had a conflict of interest. The district court granted summary judgment in favor of the County, which the Ranch now appeals. The district court also denied the County’s request for attorneys’ fees, which the County appeals.

I. Overview

Lake Nacimiento is an artificial reservoir created in 1960 and located in northern San Luis Obispo County. As required by California law, the County has a comprehensive long-term General Plan for development, which includes a Land Use Element. See CaLGov’t Code § 65302 (West 1983). The Land Use Element describes the County’s official policy on the location, growth and development of land uses. Id. § 65302(a). The County also has a zoning ordinance, called the Land Use Ordinance, which states the County’s development standards and review procedures.

The County adopted the Nacimiento/San Antonio General Plan…

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