· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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