Felix Mendelson v. San Mateo County
Published: Jun. 30, 2023 | Result Date: Mar. 8, 2023 | Filing Date: Aug. 14, 2020 |Case number: 3:20-cv-05696-AGT Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Paul J. Beard II
(FisherBroyles LLP)
Defendant
Timothy J. Fox
(Office of the San Mateo County Counsel)
Facts
Felix Mendelson owned property located in San Mateo County. Mendelson's property was in a riparian corridor, and it was subject to the County's Local Coastal Program regulations. The LCP regulations restricted development in coastal areas. On March 8, 2023, although Mendelson never submitted a development proposal to the County, he filed suit against San Mateo County.
Contentions
PLAINTIFF'S CONTENTIONS: The plaintiff contended that the LCP regulations prohibited him from building a home on his property or using the land in any economically beneficial way; that these restrictions amounted to an unconstitutional taking of his property by the defendant in violation of his Fifth Amendment rights; and that the restrictions were an arbitrary and capricious seizure of his property in violation of his Fourth Amendment rights.
DEFENDANT'S CONTENTIONS: The defendant denied any liability or wrongdoing. Moreover, the defendant contended that the plaintiff's claims were not ripe because he had not submitted a development proposal that had been rejected.
Result
The court granted the defendant's motion to dismiss.
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