COOPER

v.

AMSTER ET AL.

Citator

Cited By

• DEL Monte Dunes AT Monterey, Ltd. v. City OF Monterey, 920 F.2d 1496 (9th Cir. 1990)
  …ied, 484 U.S. 1043, 108 S.Ct. 775, 98 L.Ed.2d 861 (1988). Both the taking element and the compensation element must be ripe before the claim is justiciable. See Austin v. City and County of Honolulu, 840 F. 2d 678, 679-80 (9th Cir.), cert. denied, 488 U.S. 852, 109 S.Ct. 136, 102 L.Ed.2d 109 (1988). The City contends [*1501] both elements of appellants’ taking claim are unripe. 1. Ripeness of the Taking Element The taking component of an as applied claim is not ripe until the local government issues a…
• Owen D. Oksanen, M.D. v. Page Mem'l Hosp., 945 F.2d 696 (4th Cir. 1991)
  …herefore, respectfully dissent. ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge, have joined in this dissent. . The majority’s cite to Collins v. Associated Pathologists, Ltd., 844 F. 2d 473 (7th Cir.), cert. denied, 488 U.S. 852, 109 S.Ct. 137, 102 L.Ed.2d 110 (1988), is inapposite. In Collins, discovery had been completed prior to summary judgment and the court noted that the district judge “painstakingly examined the voluminous discovery material_” Id. at 475. . For exam…
• Sierra Lake Reserve v. The City OF Rocklin, 938 F.2d 951 (9th Cir. 1991)
  …reting Williamson, we have held that if state law was “unclear or undeveloped” at the time of the alleged taking, plaintiff must first try to recover in state court. Austin v. City and County of Honolulu, 840 F. 2d 678, 680 (9th Cir.), cert. denied, 488 U.S. 852, 109 S.Ct. 136, 102 L.Ed.2d 109 (1988). Thus, unless plaintiff can show that “the state courts establish that landowners may not obtain just compensation through an inverse condemnation action under any circumstances, [California] procedures are ade…