Holland

Holland v. County of Maui

Good Law
100 F. App'x 683
United States Court of Appeals for the Ninth CircuitJune 7, 2004No. 02-16568California604 words

Opinion

Lead Opinion

*684 MEMORANDUM *

Allegations in the Hollands’ complaint are deemed true for purposes of reviewing the dismissal of the complaint. See Carson Harbor Village, Ltd. v. City of Carson, 353 F.3d 824 , 825 n. 3 (9th Cir.2004); Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). Facts are recounted only as necessary to explaining the decision.

I

The Hollands’ suit should not have been dismissed as unripe for failure to satisfy a ripeness requirement applicable to regulatory takings claims. Challenges to county acts that “ ‘amount to actual, concrete injuries which are separate from any taking’ ” and “ ‘have already occurred and do not depend on the finality of the County’s determination of the permissible uses’ ” of the property are “ ‘not subject to the ripeness constraints applicable to regulatory takings’ ”. Carpinteria Valley Farms, Ltd. v. County of Santa Barbara, 344 F.3d 822, 830-31 (9th Cir.2003) (quoting Harris v. County of Riverside, 904 F.2d 497, 501 (9th Cir.1990)) (emphasis omitted). Carpintería found due process and equal protection claims arising from the application of land-use requisites ripe though a final agency decision was lacking because the claims…

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