city
monterey
del
monte
dunes
monterey
et
argued
october
decided
may
petitioner
city
imposed
rigorous
demands
five
times
rejected
applications
develop
parcel
land
owned
respondent
del
monte
dunes
predecessor
interest
del
monte
dunes
brought
suit
district
submitted
case
jury
del
monte
dunes
theory
city
effected
regulatory
taking
otherwise
injured
property
unlawful
acts
without
paying
compensation
providing
adequate
postdeprivation
remedy
loss
instructed
jury
find
del
monte
dunes
found
either
del
monte
dunes
denied
economically
viable
use
property
city
decision
reject
final
development
proposal
substantially
advance
legitimate
public
purpose
jury
found
del
monte
dunes
affirming
ninth
circuit
ruled
inter
alia
district
err
allowing
del
monte
dunes
takings
claim
tried
jury
del
monte
dunes
right
jury
trial
whether
del
monte
dunes
denied
economically
viable
use
property
whether
city
denial
final
proposal
substantially
advanced
legitimate
public
interests
facts
case
questions
suitable
jury
jury
reasonably
decided
questions
del
monte
dunes
favor
held
judgment
affirmed
affirmed
justice
kennedy
delivered
opinion
except
part
concluding
ninth
circuit
discussion
standard
dolan
city
tigard
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although
believes
dolan
standard
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case
one
jury
instructions
mention
proportionality
let
alone
require
jury
find
del
monte
dunes
unless
city
actions
roughly
proportional
asserted
interests
discussion
furthermore
unnecessary
sustain
jury
verdict
given
ninth
circuit
holding
del
monte
dunes
proffered
evidence
sufficient
rebut
city
reasons
denying
final
development
plan
pp
holding
jury
found
city
denial
final
development
plan
reasonably
related
legitimate
public
interests
ninth
circuit
impermissibly
adopt
rule
allowing
wholesale
interference
judge
jury
municipal
policies
laws
routine
regulatory
decisions
city
proposed
essence
jury
instructions
contend
instructions
provide
accurate
statement
law
event
instructions
consistent
previous
general
discussions
regulatory
takings
liability
see
agins
city
tiburon
given
city
challenge
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continued
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revisit
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laws
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confined
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whether
light
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city
particular
decision
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del
monte
dunes
final
development
proposal
reasonably
related
city
proffered
justifications
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monte
dunes
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monte
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monte
dunes
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williamson
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hamilton
bank
johnson
city
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landowner
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monte
dunes
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monte
dunes
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church
glendale
county
los
angeles
condemnation
proceedings
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supra
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del
monte
dunes
denied
property
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purpose
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first
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supra
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actions
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pp
justice
scalia
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amendment
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plans
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case
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pp
kennedy
announced
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unanimous
respect
parts
ii
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iii
rehnquist
stevens
scalia
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part
ginsburg
breyer
joined
city
monterey
petitioner
del
monte
dunes
monterey
del
monte
dunes
corporation
writ
certiorari
appeals
ninth
circuit
may
justice
kennedy
delivered
opinion
except
part
case
began
attempts
respondent
del
monte
dunes
predecessor
interest
develop
parcel
land
within
jurisdiction
petitioner
city
monterey
city
series
repeated
rejections
denied
proposals
develop
property
time
imposing
rigorous
demands
developers
del
monte
dunes
brought
suit
district
northern
district
california
rev
stat
protracted
litigation
case
submitted
jury
del
monte
dunes
theory
city
effected
regulatory
taking
otherwise
injured
property
unlawful
acts
without
paying
compensation
providing
adequate
postdeprivation
remedy
loss
jury
found
del
monte
dunes
appeals
affirmed
petitioner
contends
regulatory
takings
claim
decided
jury
appeals
adopted
erroneous
standard
regulatory
takings
liability
need
decide
questions
presented
petitioner
need
examine
points
given
appeals
decision
affirm
controlling
question
whether
given
city
apparent
concession
instructions
correct
statement
law
matter
properly
submitted
jury
conclude
judgment
appeals
affirmed
property
respondent
predecessor
interest
landowners
sought
develop
acre
parcel
located
city
monterey
near
city
boundary
north
highway
enters
exception
ocean
state
park
located
northeast
parcel
virtually
surrounded
railroad
properties
devoted
industrial
commercial
multifamily
residential
uses
parcel
zoned
multifamily
residential
use
city
general
zoning
ordinance
parcel
untouched
urban
industrial
proximities
sewer
line
housed
dunes
covered
jute
matting
surrounded
snow
fencing
traversed
property
trash
dumped
violation
law
accumulated
premises
parcel
used
many
years
oil
company
terminal
tank
farm
large
quantities
oil
delivered
stored
reshipped
company
stopped
using
site
removed
oil
tanks
left
behind
tank
pads
industrial
complex
pieces
pipe
broken
concrete
sand
company
introduced
nonnative
ice
plant
prevent
erosion
control
soil
conditions
around
oil
tanks
ice
plant
secretes
substance
forces
plants
compatible
parcel
natural
flora
time
landowners
sought
develop
property
ice
plant
spread
percent
parcel
absent
human
intervention
continue
advance
endangering
perhaps
eliminating
parcel
remaining
natural
vegetation
natural
flora
ice
plant
encroached
upon
included
buckwheat
natural
habitat
endangered
smith
blue
butterfly
butterfly
lives
one
week
travels
maximum
feet
must
land
mature
flowering
buckwheat
plant
survive
searches
butterfly
yielded
single
larva
discovered
specimens
found
property
parcel
quite
isolated
possible
habitats
butterfly
landowners
submitted
application
develop
property
conformance
city
zoning
general
plan
requirements
although
zoning
requirements
permitted
development
housing
units
per
acre
units
entire
parcel
landowners
proposal
limited
residential
units
city
planning
commission
denied
application
stated
proposal
units
receive
favorable
consideration
keeping
suggestion
landowners
submitted
revised
proposal
units
late
however
planning
commission
denied
application
commission
requested
reduction
scale
development
time
saying
plan
units
received
favor
landowners
returned
drawing
board
prepared
proposal
units
previous
statements
notwithstanding
planning
commission
denied
landowners
appealed
city
council
overruled
planning
commission
denial
referred
project
back
commission
instructions
consider
proposal
units
landowners
reduced
scope
development
proposal
comply
city
request
submitted
four
specific
detailed
site
plans
total
units
whole
parcel
even
planning
commission
rejected
landowners
proposal
later
landowners
appealed
city
council
council
overruled
commission
finding
proposal
conceptually
satisfactory
conformance
city
previous
decisions
regarding
inter
alia
density
number
units
location
property
access
council
approved
one
site
plans
subject
various
specific
conditions
granted
conditional
use
permit
proposed
development
landowners
spent
next
year
revising
proposal
taking
steps
fulfill
city
conditions
final
plan
submitted
devoted
acres
public
open
space
including
public
beach
areas
restoration
preservation
buckwheat
habitat
acres
open
landscaped
areas
acres
public
private
streets
including
public
parking
access
beach
acres
allocated
buildings
patios
plan
designed
accordance
city
demands
provide
public
beach
buffer
zone
development
adjoining
state
park
view
corridors
buildings
visible
motorists
nearby
highway
proposal
also
called
restoring
preserving
much
sand
dune
structure
buckwheat
habitat
possible
consistent
development
city
requirements
detailed
review
proposed
buildings
roads
parking
facilities
city
architectural
review
committee
approved
plan
following
hearings
planning
commission
commission
professional
staff
found
final
plan
addressed
substantially
satisfied
city
conditions
proposed
planning
commission
make
specific
findings
effect
recommended
plan
approved
january
less
two
months
landowners
conditional
use
permit
expire
planning
commission
rejected
recommendation
staff
denied
development
plan
landowners
appealed
city
council
also
requesting
extension
permit
allow
time
attempt
comply
additional
requirements
council
might
impose
permit
extended
hearing
held
city
council
june
hearing
city
council
denied
final
plan
declining
specify
measures
landowners
take
satisfy
concerns
raised
council
also
refusing
extend
conditional
use
permit
allow
time
address
concerns
council
decision
moreover
came
time
sewer
moratorium
issued
another
agency
prevented
least
delayed
development
based
new
plan
council
base
decision
landowners
failure
meet
specific
conditions
earlier
prescribed
city
rather
council
made
general
findings
landowners
provided
adequate
access
development
even
though
landowners
twice
changed
specific
access
plans
comply
city
demands
maintained
satisfy
city
new
objections
granted
extension
plan
layout
damage
environment
even
though
location
development
property
necessitated
city
demands
public
beach
view
corridors
buffer
zone
next
state
park
plan
disrupt
habitat
smith
blue
butterfly
even
though
plan
remove
encroaching
ice
plant
preserve
restore
buckwheat
habitat
almost
half
property
even
though
one
larva
ever
found
property
five
years
five
formal
decisions
different
site
plans
tr
respondent
del
monte
dunes
decided
city
permit
development
property
circumstances
del
monte
dunes
commenced
suit
city
district
northern
district
california
alleging
inter
alia
denial
final
development
proposal
violation
due
process
equal
protection
provisions
fourteenth
amendment
uncompensated
unconstitutional
regulatory
taking
district
dismissed
claims
unripe
williamson
county
regional
planning
hamilton
bank
johnson
city
grounds
del
monte
dunes
neither
obtained
definitive
decision
development
city
allow
sought
compensation
state
appeals
reversed
reviewing
length
history
attempts
develop
property
found
require
additional
proposals
implicate
concerns
repetitive
unfair
procedures
expressed
macdonald
sommer
frates
yolo
county
city
decision
sufficiently
final
render
del
monte
dunes
claim
ripe
review
also
found
state
california
provided
compensatory
remedy
temporary
regulatory
takings
city
issued
final
denial
see
first
english
evangelical
lutheran
church
glendale
county
los
angeles
del
monte
dunes
required
pursue
relief
state
precondition
federal
relief
see
remand
district
determined
city
objections
submit
del
monte
dunes
takings
equal
protection
claims
jury
reserve
substantive
due
process
claim
decision
del
monte
dunes
argued
jury
although
city
right
regulate
property
combined
effect
city
various
demands
development
invisible
highway
buffer
provided
development
state
park
public
provided
beach
force
development
bowl
area
parcel
result
del
monte
dunes
argued
city
subsequent
decision
bowl
contained
sensitive
buckwheat
habitat
disturbed
blocked
development
portion
property
see
tr
conceding
legitimacy
city
stated
regulatory
purposes
del
monte
dunes
emphasized
tortuous
protracted
history
attempts
develop
property
well
shifting
sometimes
inconsistent
positions
taken
city
throughout
process
argued
treated
unfair
irrational
manner
del
monte
dunes
also
submitted
evidence
designed
undermine
validity
asserted
factual
premises
city
denial
final
proposal
suggest
city
considered
buying
inducing
state
buy
property
public
use
early
reserving
money
purpose
delaying
abandoning
plans
financial
reasons
see
state
california
purchase
property
pendency
litigation
may
bolstered
credibility
del
monte
dunes
position
close
argument
district
instructed
jury
find
del
monte
dunes
found
either
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