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<br />West Reporter Image (PDf) 44f U.~. ~::>::>, "IUU ;:'.l..'[. "':::-1,;)0,00 L.t:u.,u IUO, 1"+ t:.t'\v 1000, IU <br />Envtl. L. Rep. 20,361 <br /> <br />Briefs and Other Related Documents <br /> <br />Supreme Court of the United States <br />Donald W. AGINS et ux., Appellants, <br />v. <br />CITY OF TIBURON. <br />No. 79-602. <br />Argued April 15, 1980. <br />Decided June 10, 1980. <br /> <br />Landowners filed complaint against city seeking damages for inverse condemnation and <br />declaration that zoning ordinances were facially unconstitutional. The Superior Court, Marin <br />County, California, sustained demurrer, and the Supreme Court of California affirmed, 24 <br />Cal.3d 266, 157 Cal.Rptr. 372, 598 P.2d 25, and landowners appealed. The Supreme Court, <br />Mr. Justice Powell, held that: (1) city's open-space land zoning ordinances, which restricted <br />previously purchased five-acre tract of land to single-family residences and open-space use, <br />did not take the property without just compensation, where the zoning permitted construction of <br />one to five residences on the land, advanced legitimate governmental goals, would benefit the <br />landowners as well as the public by assuring careful and orderly development, and neither <br />prevented the best use of the land nor extinguished a fundamental attribute of ownership, and <br />(2) municipality's good-faith planning activities, which did not result in successful prosecution <br />of an eminent domain claim, did not so burden landowners' enjoyment of their property as to <br />constitute a taking. <br />Affirmed. <br /> <br />West Headnotes <br /> <br />[1] KeyCite Notes <br /> <br />148 Eminent Domain <br />148111 Proceedings to Take Property and Assess Compensation <br />148k166 k. Nature and Form of Proceeding. Most Cited Cases <br /> <br />"Eminent domain" refers to legal proceeding in which a government asserts its authority to <br />condemn property.- <br /> <br />9/26/2005 <br /> <br />.. <br /> <br />scUz- <br />