Bernadine Suitum v. Tahoe Regional Planning Agency

Bad Law
80 F.3d 359·96 Daily Journal DAR 3723·1996 WL 143900·26 Envtl. L. Rep. (Envtl. Law Inst.) 21300·44 Fed. R. Serv. 245
United States Court of Appeals for the Ninth CircuitApril 1, 199694-15768California2,544 words

Opinion

Opinion

Panner, J.

In this 42 U.S.C. § 1983 action, Bernadine Suitum alleges that the Tahoe Regional Planning Agency (TRPA) committed an unconstitutional taking and violated her rights to substantive due process and equal protection when it refused to permit her to build a home on her residential lot in the Lake Tahoe Basin. The district court concluded that Sui-tum’s claims were unripe and granted summary judgment to TRPA. We affirm.

BACKGROUND

I. TRPA

TRPA was created in 1969 by the Tahoe Regional Planning Compact. Pub.L. 91-148, 83 Stat. 360; Cal Gov’t Code § 66801; Nev. Rev.Stat. § 277.200 (1969 Compact); amended, Pub.L. 96-51, 94 Stat. 3233; Cal Gov’t Code § 66801; Nev.Rev.Stat. § 277.200 (1980 Compact). We have previously detailed TRPA’s background and it need not be repeated here. See, e.g., People of Calif. v. Tahoe Regional Planning Agency, 766 F.2d 1308, 1310-1312 (9th Cir.), amended, 775 F.2d 998 (9th Cir.1985).

II. The 1987 Plan

The 1987 Plan, drafted pursuant to the 1980 Compact, governs development of Sui- turn’s property and includes the Individual Parcel Evaluation System (IPES) under which TRPA assigns a numerical score to a residential lot depending on its relative…

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