Kawaoka

Kawaoka v. City of Arroyo Grande

Good Law
17 F.3d 1227·1994 WL 59886
United States Court of Appeals for the Ninth CircuitMarch 2, 1994No. 92-55714California8,130 words

Opinion

Lead Opinion

Fletcher, J.

Kingo and Tatsumi Kawaoka appeal the district court’s grant of summary judgment for the City of Arroyo Grande (the “City”) on the Kawaokas’ claims that the City’s general plan and temporary water moratorium deny the Kawaokas substantive due process and equal protection. We affirm.

BACKGROUND

Since 1954, the Kawaokas have owned thirty-five acres of land within the City of Arroyo Grande, Until recently, the Kawaokas have used their property primarily for strawberry farming. Adjacent to and in close proximity to the Kawaokas’ property are twenty additional acres of agricultural land owned by three separate parties, part of which has also been used for strawberry farming. The land surrounding these fifty-five acres is currently used for residential and commercial purposes. Recently, strawberry farming on the Kawaokas’ property has become economically non-viable, in part because of the incompatibility of pesticide use with residential uses in this primarily residential area.

In 1988, the City began to update its general plan, a comprehensive land-use plan for the physical development of the City required by state law. Cal.Gov’t Code §§ 65300-65361 (West Supp.1993). After numerous…

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