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Lai v. Honolulu, City & County of

ELR Citation: ELR 20737
Nos. No. 87-1689, 841 F.2d 301/(9th Cir., 03/07/1988)

The court holds that a federal taking claim based on a scenic easement ordinance is not ripe because appellees have not sought a variance from the ordinance. The court first notes that a mere diminution in property value or potential profit is not a taking. Specifically, a height limitation preserving the public's scenic view is not a taking....

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