ORDER

The opinion filed on August 10, 1994, 34 F.3d 753, is amended as follows:

At p. 755, second ¶, 1.5, insert preceding “As to § 1983 it is established ...”, “The section 1983 claim is proper against TRPA. Lake Country Estates v. Tahoe Regional Planning Agency, 440 U.S. 391, 399 & n. 13, 99 S.Ct. 1171, 1176 & n. 13, 59 L.Ed.2d 401 (1979).”