Fox

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD B. FOX, Case No. 24-cv-03686-EKL

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF PACIFIC GROVE, Re: Dkt. No. 13 CALIFORNIA, et al., 11 Defendants.

12 Plaintiff Richard B. Fox (“Fox”) brings this action under the Takings Clause of the Fifth Amendment, claiming that the denial by the City of Pacific Grove Defendants (the “City”) of his permit application to remove trees from his property constitutes a per se taking of his property. The City moves to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Mot. to Dismiss Am. Compl., ECF No. 13 (“Mot.”). The Court carefully reviewed the parties’ briefs and heard argument on January 15, 2025. For the following reasons, the Court GRANTS IN PART and DENIES IN PART the City’s Motion. I. BACKGROUND This case is about two unwanted trees on Fox’s property. See Am. Compl. ¶ 1, ECF No. 11 (“Compl.”). “Tree #1 is a very large Norfolk…