Case Number: SLS No. 97-004
Title: Del Monte Dunes, Ltd.
Case Files:
Teaching Note:
- SLS No. 97-005 (14 pages, including three pages of annotated board plans)
- Exhibits (45 pages)
- (Request Access to Teaching Notes and Materials)
Author: Mary J. Decker, Case Writer; Meg Caldwell, Lecturer
Abstract: The City Attorney in a small California coastal city must evaluate a regulatory taking claim under the Fifth Amendment of the U.S. Constitution filed against the city in Federal court by a developer, after the City Council denies the developer’s revised tentative map development plan. The City Attorney must evaluate the strength of the claim and develop a strategy aimed at preventing similar future claims.
Key Words: Regulatory taking, ripeness, land use planning, endangered species, conditional use permit, calculation of damages for regulatory taking.