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

How courts have described this case

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

• stating that Federal Rule of Civil Procedure 71A does not apply to an inverse condemnation claim
• stating that Federal Rule of Civil Procedure 71A does not apply to an inverse condemnation claim
• concluding that inverse condemnation claim presented a “mixed question[] of law and fact, which may be submitted to the jury if . . . essentially factual, even if [it] implicate[s] constitutional rights” (collecting cases), aff’d, Del Monte Dunes, 526 U.S. 687 (1999)
• stating that the court could affirm the judgment on either of two alleged violations when the district court instructed the jury that it should award damages to the plaintiff if it found for the plaintiff on any alleged viola1 tion
• stating that the court could affirm the judgment on either of two alleged violations when the district court instructed the jury that it should award damages to the plaintiff if it found for the plain- tiff on any alleged violation
• “We must uphold the jury’s finding unless the amount is grossly excessive or monstrous, clearly not supported by the evidence, or based only on speculation or guesswork.”

Source: CourtListener parenthetical corpus (CC0).