Barancik v. County Of Marin

872 F.2d 834 Richard M. BARANCIK, Plaintiff-Appellant, v. COUNTY OF MARIN and Al Aramburu; Gary Giacomini, Harold Brown, Robert Stockwell, Robert Roumiguiere, individually and as members of the Marin County Board of Supervisors, Defendants-Appellees. No. 87-1982. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1988. Decided June 30, 1988. As Amended April 19, 1989. Concurring Opinion April 19, 1989. Brian W. Blaesser, Siemon, Larsen, Mattlin & Purdy, Chicago, Ill., for plaintiff-appellant. Douglas J. Maloney, County Counsel, and Robert H. San Chez, Deputy County Counsel, San Rafael, Cal., Mark I. Weinberger, Alletta d'A. Belin, and Fran M. Layton, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before SCHROEDER, NOONAN and O'SCANNLAIN, Circuit Judges. NOONAN, Circuit Judge: 1 Richard M. Barancik, owner of Loma Alta Ranch, challenged the zoning plan of Marin County as it applied to the ranch and on its face. The district court dismissed the facial challenge as barred by the statute of limitations. On summary judgment, the district court found the challenge not ripe…