Schneider

Schneider v. County of San Diego

Good Law
28 F.3d 89·1994 WL 282929
United States Court of Appeals for the Ninth CircuitJune 28, 1994No. 92-56327California2,167 words

Opinion

Lead Opinion

Wallace, J.

Opinion by Chief Judge WALLACE.

Schneider appeals from the district court’s summary judgment in favor of San Diego County, automotive tower and dismantler Reybro, Inc., with its president, Gregory Reynolds, (collectively Reybro), on his 42 U.S.C. § 1983 claims arising from the County’s abatement of a public nuisance by removing vehicles from his property and destroying them. The district court had jurisdiction under 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse in part and remand.

I

In 1989, Schneider owned a 1.4 acre lot in a rural, agriculturally zoned part of San Diego County, not far from the City of Oceanside. Schneider did not reside on the property but rented out the house located on the lot. He did, however, park nine buses, two motorhomes, and two automobiles on the lot in an open field approximately 240 feet from the house. These vehicles were visible from the public road that runs in front of Schneider’s lot.

After receiving a number of complaints about the vehicles, the County instituted an investigation. County officers determined that the vehicles were parked on the lot in violation of…

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