ELR Citation: ELR 20737
No(s). 87-1689 (9th Cir. Mar 7, 1988)

The court holds that a federal taking claim based on a scenic easement ordinance is not ripe because appellees have not sought a variance from the ordinance. The court first notes that a mere diminution in property value or potential profit is not a taking. Specifically, a height limitation preserving the public's scenic view is not a taking. The court next holds that a taking claim is not ripe until the responsible government entity makes a final decision on the development to be permitted on the property at issue. The city's decision here is not yet final because appellees have not sought a variance for their development.

Counsel for Defendant-Appellant
Ronald B. Mun
Office of Corporation Counsel
City and County of Honolulu
Honolulu HI 96813
(808) 523-4737

Counsel for Plaintiffs-Appellees
David Bettencourt
119 Merchant St., Honolulu HI 96813
(808) 521-3491

Before Skopil and Aldisert,^[*] JJ.