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Alameda, County of v. Superior Court of Alameda

Citation: 35 ELR 20216
No. No. A109576, (Cal. App. 1st Dist., 10/18/2005)

A court orders a lower court to grant a county's motion to dismiss on ripeness grounds an inverse condemnation action brought by a land developer. The developer argued that a land use regulation, as applied to its property, constituted a taking under the federal and California Constitutions. The county moved for summary judgment, arguing that the claim was not ripe because the developer has not submitted a single development proposal to the county for its property since the passage of the regulation. The lower court denied the county's motion, holding that any development proposal would be futile in light of the restrictions imposed on development of the property. The futility exception, however, generally cannot be invoked unless a landowner has first made a development proposal that the authorities have rejected. Moreover, the county has not had the opportunity to explain the reach of the challenged regulation. The lower court must therefore grant the county's motion.