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· 12/12/1990

Del Monte Dunes at Monterey, Ltd. Monterey-Del Monte Dunes Corporation v. City of Monterey

Citations

  • 920 F.2d 1496
  • 90 Cal. Daily Op. Serv. 9000
  • 90 Daily Journal DAR 14059
  • 1990 U.S. App. LEXIS 21411
  • 1990 WL 198808

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that Del Monte provided evidence that they substantially fulfilled the City’s conditions
  • assuming that the plaintiff’s ownership of the subject property constituted a constitutionally protected property interest
  • stating that a governmental agency subjecting a landowner to \unfair procedures\ supports a finding of futility
  • holding ripe a claim for a pre-1987 taking because prior to First English, \California law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation\
  • holding ripe a claim for a pre-1987 taking because prior to First English, “California law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation”
  • finding futility based, in large part, on a planning commission’s decision to act against the recommendation of its own planning staff

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Tang, Boochever

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.