Del Monte Dunes at Monterey, Ltd. v. City of Monterey, Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation v. City of Monterey

The City of Monterey (City) appeals from a district court judgment following a jury verdict in favor of Del Monte Dunes at Mon-terey, Ltd. and Monterey-Del Monte Dunes Corporation (collectively Del Monte), and a district court order denying the City’s motions for judgment as a matter of law and for a new trial. Del Monte cross-appeals from the district court’s decision limiting available damages. The district court exercised jurisdiction pursuant to 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Del Monte brought this civil rights action against the City alleging, among other things, violations of due process and equal protection as a result of the City’s taking of Del Monte’s property. The property at issue consists of approximately 37.6 ocean-front acres located in the City, commonly referred to as Del Monte Dunes (Dunes).

In 1981, Ponderosa Homes, which subsequently sold the Dunes to Del Monte, applied to the City for a permit to develop the Dunes into a 344-unit residential complex. The City rejected the application. Ponderosa Homes then submitted three more applications for 264, 224, and 190-unit…