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ZILBER v. TOWN OF MORAGA

No. C-87-1613 EFL.

692 F.Supp. 1195 (1988)

Norman A. ZILBER, Plaintiff, v. TOWN OF MORAGA, Defendant.

United States District Court, N.D. California.

August 22, 1988.

Attorney(s) appearing for the Case

Robert L. Dunn, Bancroft, Avery & McAlister, San Francisco, Cal., for plaintiff.

Charles J. Williams, Williams & Robbins, Martinez, Cal., for defendant.

MEMORANDUM DECISION

LYNCH, District Judge.

This action arises from defendant Town of Moraga's one-and-a-half-year moratorium on certain development applications and the passage of the Moraga Open Space Ordinance ("MOSO"). Plaintiff Zilber contends that the Town's actions violate the taking clause of the fifth amendment as well as substantive due process principles. The case is presently before the Court on the Town's motion for summary judgment. For the...

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