Sierra Nevada Sw Enterprises v. County of Douglas

MEMORANDUM

Plaintiffs Sierra Nevada SW Enterprises, Ltd., and Nevada Northwest, LLC, who own and develop land in Nevada, commenced this action under 42 U.S.C. § 1983 for alleged violations of their federal constitutional rights by Defendants Douglas County (“County”), T. Michael Brown, Mimi Moss, Michael A. Olson, David J. Brady, Nancy McDermid, Greg Lynn, and Doug N. Johnson. Plaintiffs claim that Defendants’ approval of a development agreement and amendment of the County’s master zoning plan, to the benefit of real-party-in-interest Peri Enterprises, LLC, violated their rights to due process and equal protection under the Fourteenth Amendment and effected an uncompensated taking in violation of the Fifth Amendment.

The district court granted Defendants’ motion for judgment on the pleadings, and Plaintiffs timely appeal. Reviewing de novo, Harris v. Cnty. of Orange, 682 F.3d 1126, 1131 (9th Cir.2012), we affirm.

1. We assume, without deciding, that the transferrable development rights (“TDRs”) created by section 20.500 of the Douglas County Code constitute property rights for purposes of this federal constitutional analysis.

2. The district court correctly dismissed…