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BARBACCIA v. COUNTY OF SANTA CLARA

Civ. No. C-76-1182 SW.

451 F.Supp. 260 (1978)

Cyril G. BARBACCIA, Lena M. Barbaccia, Louis P. Barbaccia, Eva M. Barbaccia, Albert B. Smith, Isabel A. Smith, William J. Mabie, and Inez Mabie, Plaintiffs, v. The COUNTY OF SANTA CLARA, the City of San Jose, Sig Sanchez, Dominic Cortese, Dan McCorquodale, Rodney Diridon and Geraldine Steinberg, Individually and as members of the Board of Supervisors of the County of Santa Clara, Janet Gray Hayes, Joseph A. Colla, Lawrence R. Pegram, Roy B. Naylor, Susanne B. Wilson, Jim Self, and Alfredo Garza, Jr., Individually and as members of the City Council of San Jose, Defendants.

United States District Court, N. D. California.

May 10, 1978.

Attorney(s) appearing for the Case

Selby Brown, Jr., County Counsel, Allan R. Saxe, Richard K. Abdalah, Deputy County Counsels, San Jose, Cal., for County defendants.

Evelle J. Younger, Atty. Gen. of the State of California, Larry C. King, Deputy Atty. Gen., Sacramento, Cal., for People of the State of California.

Goldstein, Barceloux & Goldstein, San Francisco, Cal., Watson, Tedesco, Sanguinetti & Alphonse, Campbell, Cal., for plaintiffs.

Peter G. Stone, City Atty., Richard K. Karren, Asst. City Atty., Harry Kevorkian, Div. Chief Atty., Robert W. Hurley, Deputy City Atty., William M. Siegel, County Counsel, James T. Rohner, Allan R. Saxe, Deputy County Counsels, San Jose, Cal., for defendants.

MEMORANDUM OF OPINION

SPENCER WILLIAMS, District Judge.

Plaintiffs filed this action in June of 1976 alleging, inter alia, that the City of San Jose and the County of Santa Clara, as well as certain city and county officials, had violated plaintiffs' constitutional rights by taking their property without just compensation and otherwise denying them due process and equal protection of the law. Shortly after the complaint was filed all the defendants moved...

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