Teresi Investments III v. City of Mountain View

MEMORANDUM

In 2010, Teresi Investments III, a California building developer, brought an action against the City of Mountain View pursuant to 42 U.S.C. § 1983 for actions of the City related to Teresi’s attempt to complete a rezoning and development project at one of its properties (the “Property”). Teresi contended that certain actions of the City violated Teresi’s rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution.

The district court granted summary judgment to the City, ruling that the City had not violated Teresi’s procedural due process, substantive due process, or equal protection rights. Teresi seeks reversal of the grant of summary judgment on the grounds that it has “raised a genuine dispute of material fact as to whether the City acted arbitrarily and for illegitimate concerns.”

We review a district court’s grant of summary judgment de novo. See Szajer v. City of Los Angeles, 632 F.3d 607, 610 (9th Cir.2011).

In 2006, the City conditionally approved Teresi’s plans for a development project to demolish the low-income housing complex on the Property and replace it with a larger condominium complex. By the…