Vincent Pastore-v-County of Santa Cruz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 VINCENT PASTORE, Case No. 15-cv-01844-EJD
Plaintiff, ORDER NOTIFYING PLAINTIFF OF
INTENT TO SUA SPONTE DISMISS
v. TAKINGS CLAIM; PERMITTING
RESPONSE
COUNTY OF SANTA CRUZ, et al., Defendants.
13 Pending before the Court is Defendants’ motion to dismiss Plaintiff’s Second Amended Complaint (“SAC”). See Mot., ECF No. 64. One of the claims at issue asserts a taking in violation of the Fifth Amendment to the United States Constitution. See SAC ¶¶ 30–35. The Court previously dismissed the same claim and provided leave to amend only to the extent Mr. Pastore could allege that he had been applied for and been denied a permit to build a residence on the properties at issue. See FAC Order 17, ECF No. 61. The SAC does not add any allegation regarding a residence, but does now allege that Mr. Pastore applied for and was denied electrical and solar permits in 2010. See SAC…