Karl O. Hoehne and Phyllis Hoehne v. County of San Benito Henry Solorio Frank Sabbatini Enos Silva and Edward Lydon

We are to decide, under the specific facts in this case, whether the district court erred in dismissing for lack of ripeness the complaint of San Benito County, California, landowners Karl 0. Hoehne and Phyllis Hoehne, filed against the County of San Benito and certain County officials. The court ruled that the Hoehnes’ claims were not ripe because there had been no final decision by the County concerning the Hoehnes’ land-use application. If a final decision had been made by County authorities, the Hoehnes were eligible to seek federal relief; if no such decision was made by the County, it was premature for the Hoehnes to bring the federal action. We hold that any further attempt by the Hoehnes to seek relief from the County would have been futile. Accordingly, we will reverse the judgment of the district court dismissing the complaint for lack of ripeness.

I.

In 1984, the Hoehnes purchased a sixty-acre parcel of land in San Benito County, California. The property was zoned “Rural,” permitting single-family residences with a five-acre minimum lot size. The Hoehnes submitted a subdivision application to the San Benito County Planning Commission. The application proposed dividing…