Buckles

Buckles v. King County

Good Law
191 F.3d 1127·1999 WL 700579
United States Court of Appeals for the Ninth CircuitSeptember 10, 1999No. 98-35270California7,470 words

Opinion

Lead Opinion

McKeown, J.

This case arises from a zoning decision, under the Washington Growth Management Act of 1990, to maintain the existing boundary between a residential area and a neighborhood business zone in King County, .Washington. Landowners Bruce and Linda Buckles and Alvin Banks appeal from the district court’s summary judgment in favor of members of the Growth Management Hearings Board and King County. As a threshold matter, we address whether members of the Washington Growth Management Hearings Board are entitled to absolute immunity from damages. We then decide whether the landowners’ procedural due process, substantive due process, and takings claims against King County can withstand summary judgment. Finally, in light of City of Monterey v. Del Monte Dunes at Monterey, Ltd., — U.S. -, 119 S.Ct. 1624 , 143 L.Ed.2d 882 (1999), we consider whether the landowners’ takings claim should be tried before a jury. We review the district court’s grant of summary judgment de novo. Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998). We have *1131 jurisdiction under 28 U.S.C. § 1291 and we affirm.

BACKGROUND

Appellants Bruce Buckles, his wife, Linda Buckles, and her father, Alvin Banks (collectively,…

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