DEL MONTE DUNES v. CITY OF MONTEREY

No. 88-1593.

920 F.2d 1496 (1990)

DEL MONTE DUNES AT MONTEREY, LTD.; Monterey-Del Monte Dunes Corporation, Plaintiffs-Appellants, v. CITY OF MONTEREY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1990.


Attorney(s) appearing for the Case

Barbara R. Banke, Law Offices of Jess S. Jackson, San Francisco, Cal., for plaintiffs-appellants.

George A. Yuhas, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee.

Before HUG, TANG and BOOCHEVER, Circuit Judges.


HUG, Circuit Judge:

Appellants seek damages and other relief against the City of Monterey for its denial of appellants' application to develop ocean-front 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...

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