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  • City of Monterey v. Del Monte Dunes at Monte…City of Monterey v. Del Monte Dunes at Monterey, Ltd.
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City of Monterey v. Del Monte Dunes at Monterey, Ltd.

United States Supreme Court
526 U.S. 687 (1999)


Del Monte Dunes at Monterey, Ltd. (Del Monte Dunes) (plaintiff) sought to develop land in the City of Monterey (City) (defendant). The City repeatedly rejected Del Monte Dunes’ development plans. Del Monte Dunes brought suit under 42 U.S.C. § 1983 against the City in the United States District Court for the Northern District of California. Del Monte Dunes asserted that the City had effected a regulatory taking without just compensation or a post-deprivation remedy. The jury held for Del Monte Dunes. The City appealed, but the court of appeals affirmed. The City petitioned the United States Supreme Court for certiorari, arguing that claims related to regulatory takings should not be submitted to a jury and that the court of appeals used the wrong standard for regulatory takings liability. The Supreme Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Kennedy, J.)

Concurrence (Scalia, J.)

Concurrence/Dissent (Souter, J.)

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