United States v. Mason - United States Court of Appeals for the Ninth Circuit

United States v. Mason

By United States Court of Appeals for the Ninth Circuit

  • Release Date - Published: 1990-05-10
  • Book Genre: Law
  • Author: United States Court of Appeals for the Ninth Circuit
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United States v. Mason United States Court of Appeals for the Ninth Circuit read online review & book description:

Steven J. Harris appeals the district courts grant of summary judgment in favor of the County of Riverside, California (the County). Harris owns a small piece of land in the County which he has used for various business purposes including renting all terrain vehicles (ATVs). He claims that by rezoning his property as residential and imposing bureaucratic roadblocks to his ability to comply with County land use procedures, the County has taken his property in violation of his fifth amendment rights and violated his fourteenth amendment rights to procedural and substantive due process, including depriving him of his liberty to pursue a livelihood. In a thorough opinion, the district court found that these claims were not ripe, and that Harris constitutional rights were not violated. We need not decide whether the claims directly arising from Harris allegations of a taking are ripe for judicial review, because under the circumstances of this case, we find that Harris was denied procedural due process and reverse on that ground.

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