Mendelson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FELIX MENDELSON, Case No. 20-cv-05696-AGT

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

SAN MATEO COUNTY, Re: Dkt. No. 11 Defendant.

In a pending motion to dismiss, San Mateo County argues that both claims in this action— a Fifth Amendment takings claim and a Fourth Amendment seizure claim—are unripe and should be dismissed. The Court agrees with the County and explains why below. 1. The Fifth Amendment Takings Claim Felix Mendelson alleges that under the County’s land-use laws, as he reads them, he is prohibited from making “any developmental or economically viable or beneficial use” of land that he owns within the County’s Montecito riparian corridor and its buffer zone. Compl. ¶ 38. He contends that through the application of these laws to his land, the County has effectively taken his property without compensation in violation of the Fifth Amendment. See id. ¶ 40. Mendelson admits that he…