Public Interest is Vindicated: City of Monterey v. Del Monte Dunes

Abstract

In the late 1980s, the U.S. Supreme Court escalated its role in regulatory takings law, and decided a number of cases favor-able to landowners. After the Court accepted certiorari in the caseof CityofMonterey v. Del Monte Dunesat Monterey, Ltd. in March 1998, 523 U.S. 1045, speculation began to build in the planning profession that a devastating decision in favor of the landowners would decimate comprehensive planning. However, the Court's ruling on May 24, 1999, 119 S. Ct. 1624 (1999), 51 ZD 131, although a win for the landowner, did not result in any major loss. In this article, we will explain whythis ruling represents some good news for planning advo-cates and just what else it means for tomorrow's land-use planning and regulation.