Fox
Richard B. Fox v. City of Pacific Grove, California, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD B. FOX, Case No. 24-cv-03686-EKL
Plaintiff,
ORDER GRANTING IN PART
v. MOTION TO DISMISS
CITY OF PACIFIC GROVE, Re: Dkt. No. 37 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. The City moves to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Mot. to Dismiss, ECF No. 37 (“Mot.”). The Court carefully reviewed the parties’ briefs and heard argument on October 22, 2025. For the following reasons, the Court GRANTS the City’s motion to dismiss for failure to state a claim and DISMISSES this action with prejudice. I. BACKGROUND This case is about two unwanted trees on Fox’s property. See Second Am. Compl. ¶¶ 1-2, ECF No. 36…