Shelter Creek Development Corporation Leo A. O'Hearn Margaret E. O'Hearn v. City of Oxnard

Shelter Creek Development Corporation (Shelter Creek), Leo A. O’Hearn and Margaret E. O’Hearn (the O’Hearns) appeal from a judgment for the City of Oxnard (the City) in an action under 42 U.S.C. § 1983 (1982) challenging the constitutionality of the City’s ordinance as applied to their property. We conclude that the matter is not ripe for judicial adjudication. We vacate the district court’s judgment on the merits and remand with an order that the matter be dismissed.

I. FACTS

In January 1978, the O’Hearns purchased the Shelter Creek apartment complex in the City of Oxnard. Thereafter, the O’Hearns formed Shelter Creek in order to convert the apartment complex from rental units to a stock cooperative form of ownership.

Beginning in May 1979, the City undertook to regulate the conversion of rental apartments to stock cooperatives. Following a series of interim ordinances, the City adopted Ordinance No. 1805 on April 1, 1980. Ordinance No. 1805 required, inter alia, that units to be converted into stock cooperatives substantially comply with a wide range of building and parking restrictions applicable to new residential condominiums.

Prior to the enactment of Ordinance No. 1805,…