William St. Clair John Shelton v. City of Chico County of Butte

Appellants William St. Clair and John Shelton timely appeal an order of the district court dismissing their complaint because it considered their claims not ripe for adjudication. Appellants assert that the district court erred both in its legal conclusion and in basing its decision on facts not alleged in the complaint, at least without first permitting discovery. The district court had jurisdiction of this case pursuant to 28 U.S.C. § 1331 (1982) and our jurisdiction rests on 28 U.S.C. § 1291 (1982). We affirm.

I

Appellants brought this action under 42 U.S.C. § 1983 (1982) alleging that the City of Chico’s (“City”) and the County of Butte’s (“County”) refusals either to connect Appellants’ proposed real estate project to an existing sewer system or allow them to construct their own treatment facility effected an unconstitutional taking of their property and also deprived them of their constitutional rights to due process and equal protection of the laws. Appellants alleged in their complaint that they began the permitting process for approval of their proposed “Ravenwood” development by first receiving a required zoning change from the County. As a condition to that zoning…