Del Monte Dunes at Monterey, Ltd. filed suit against the City of Monterey for rejecting their development plants and asserted a regulatory taking under42 U.S.C. § 1983.
A regulatory taking claim can be decided by a jury under 42 U.S.C. § 1983.
Del Monte Dunes at Monterey, Ltd. (Del Monte) sought to develop land in the City of Monterey (City) but the City continued to reject Del Monte’s development plan. Del Monte filed suit against the City under 42 U.S.C. § 1983 asserting a regulatory taking claim. The jury ruled for Del Monte and the City appealed. The court of appeals affirmed.
Whether a regulatory taking claim can be decided by a jury under 42 U.S.C. § 1983?
Yes. The judgment of the court of appeals is affirmed. Claims for regulatory taking of property are generally considered torts claims. Claims for monetary relief are regarded as claims for legal redress, and claims involving regulatory taking are involves questions of fact that are submitted to the jury.
The seventh amendment maintains a right to a jury trial under42 U.S.C. § 1983. There is a right to a jury trial if there is a claim for a tort or legal relief.