Monterrey v. Del Monte Dunes

1999

Court: US Supreme Court

Facts: 19 revisions of the plan, over five years. Promises to remove ice plant and restore buckwheat for an endangered butterfly. Still no permit. Time to sue.

Posture: Appeal from findings for Del Monte Dunes

Issue: Was there error?

Holding: No

Rule: See reasoning

Reasoning: There's no requirement of rough proportionality when development is denied altogether. The city proposed the jury instructions; they can't complain about them now. This is a cause of action.

Dicta: