United States Ninth Circuit

In an action by homeowners seeking damages for the thirty-one months during which they were barred from improving their shoreline property by a city's moratorium on new projects, asserting that the moratorium violated their substantive and procedural due process rights under the Fourteenth Amendment, as well as 42 U.S.C. section 1983, the District Court's grant summary judgment in favor of the city is affirmed where: 1) the moratorium ordinances were validly enacted, nonarbitrary, and manifestly related to the city’s legitimate municipal interests; and 2) the city did not violate the plaintiff's constitutional rights.

Appellate Information

• Decided 06/15/2012
• Published 06/15/2012

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel