U.S. Court of Appeals for the Ninth Circuit, 1997

Del Monte Dunes at Monterey, Ltd. v. City of Monterey

Del Monte Dunes at Monterey, Ltd. v. City of Monterey
U.S. Court of Appeals for the Ninth Circuit · Decided June 26, 1997 · Baird, Leavy, Wallace
118 F.3d 660; 1997 WL 364759 (Federal Reporter, Third Series)

Del Monte Dunes at Monterey, Ltd. v. City of Monterey

Opinion of the Court

*661The petition for rehearing is granted. No further briefing is required. The parties shall be prepared to argue, for no more than 20 minutes per side, the following issue:

Whether the jury, rather than the judge, can decide if the City of Monterey’s actions substantially advanced a public purpose. (See part IIIB. of our opinion.)

Arguments shall be held in San Fransisco on August 6, 1997, at 10:00 a.m. The parties shall direct any further questions to the Clerk of the Court.

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