Sutter Land & Development Company, Inc., a California Corporation v. City of Berkeley

76 F.3d 388 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SUTTER LAND & DEVELOPMENT COMPANY, INC., a California Corporation, Plaintiff-Appellant, v. CITY OF BERKELEY, Defendant-Appellee. No. 94-16273. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1995. Decided Dec. 11, 1995. 1 Before: SCHROEDER and ALARCON, Circuit Judges, and PANNER, * District Court Judge. 2 MEMORANDUM ** 3 Plaintiff-Appellant Sutter Land & Development Company ("Sutter") owns a hotel in Berkeley and filed this action seeking damages for alleged long term interferences by the City of Berkeley ("Berkeley") with Sutter's ability to maximize the hotel's property value and profit margin. Sutter now appeals from the district court's dismissal with prejudice for failure to state a claim on which relief could be granted. See F.Rule Civ.P. 12(b)(6). 4 In Sutter's first amended complaint, Sutter alleged two causes of action under 42 U.S.C. § 1983 . The first, to the…