ELR Citation: ELR 20737
No(s). 87-1689 (9th Cir. Mar 7, 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 preservi...