CITY OF MONTEREY
v.
DEL MONTE DUNES AT MONTEREY, LTD., et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued October 7, 1998.
Decided May 24, 1999.
Attorney(s) appearing for the Case
George A. Yuhas argued the cause for petitioner. With him on the briefs was Richard E. V. Harris.
Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Malcolm L. Stewart, David C. Shilton, Timothy J. Dowling, and Nina Mendelson.
Michael M. Berger argued the cause for respondents. With him on the brief was Frederik A. Jacobsen.*
Kennedy, J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Parts I and II, the opinion of the Court with respect to Parts III, IV-A-1, IV-B, IV-C, and V, in which Rehnquist, C. J., and Stevens, Scalia, and Thomas, JJ., joined, and an opinion with respect to Part IV-A-2, in which Rehnquist, C. J., and Stevens and Thomas, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, p. 723. Souter, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, Ginsburg, and Breyer, JJ., joined, p. 733.
United States Supreme Court.
Justice Kennedy delivered the opinion of the Court, except as to Part IV-A-2.
This case began with attempts by respondent Del Monte Dunes and its predecessor in interest to develop a parcel of land within the jurisdiction of the petitioner, the city of Monterey. The city, in a series of repeated rejections, denied proposals to develop the property, each time imposing more rigorous...
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