Legal Opinion

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

Court of Appeals for the Ninth Circuit

Decided December 12, 1990No. 88-1593PublishedCited by 146 opinions

1Opinion of the Court

HUG, Circuit Judge:

Appellants seek damages and other relief against the City of Monterey for its denial of appellants’ application to develop oceanfront property. Appellants allege violations of the Fifth Amendment’s takings clause as incorporated in the Fourteenth Amendment, of the equal protection and due process clauses of the Fourteenth Amendment, and of state law. The district court dismissed the takings claim as unripe and the remainder of the claims as both unripe and inadequately stated. 1 The appellants contend that the property owners worked with the city planning staff, the…

2Cases cited30 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. City of New Orleans v. DukesSupreme Court of the United States · 1976
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987

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3Cited by146 opinions

  1. Lonnie Williams, Jr. v. Daniel ParamoCourt of Appeals for the Ninth Circuit · 2015
  2. City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
  3. Shanks v. DresselCourt of Appeals for the Ninth Circuit · 2008
  4. Wedges/ledges of California, Inc. A California Corporation v. City of Phoenix, Arizona, a MunicipalityCourt of Appeals for the Ninth Circuit · 1994
  5. Gerhart v. Lake County, Mont.Court of Appeals for the Ninth Circuit · 2011

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