692
Syllabus
2. It is clear that a § 1983 cause of action for damages is a tort action for which jury trial would have been provided at common law. See, e. g., Curtis v. Loether, 415 U. S. 189, 195. Pp. 727-731. 3. The trial court properly submitted the particular issues raised by respondents' § 1983 claim to the jury. The question whether they were deprived of all economically viable use of their property presents primarily a question of fact appropriate for jury consideration. As to the question whether petitioner's rejection of respondents' building plans substantially advanced a legitimate public purpose, the subquestion whether the government's asserted basis for its challenged action represents a legitimate state interest was properly removed from the jury's cognizance, but the subquestion whether that legitimate state interest is substantially furthered by the challenged government action is, at least in the highly particularized context of the present case, a jury question. Pp. 731-732.
Kennedy, J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Parts I and II, the opinion of the Court with respect to Parts III, IV-A-1, IV-B, IV-C, and V, in which Rehnquist, C. J., and Stevens, Scalia, and Thomas, JJ., joined, and an opinion with respect to Part IV-A-2, in which Rehnquist, C. J., and Stevens and Thomas, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, post, p. 723. Souter, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, Ginsburg, and Breyer, JJ., joined, post, p. 733.
George A. Yuhas argued the cause for petitioner. With him on the briefs was Richard E. V. Harris.
Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Malcolm L. Stewart, David C. Shilton, Timothy J. Dowling, and Nina Mendelson.
Michael M. Berger argued the cause for respondents. With him on the brief was Frederik A. Jacobsen.*
*Briefs of amici curiae urging reversal were filed for the State of New Jersey et al. by Peter Verniero, Attorney General of New Jersey, Stefanie A. Brand, Deputy Attorney General, Mary C. Jacobson, Assistant Attorney General, Dan Schweitzer, and Gus F. Diaz, Acting Attorney General of Guam, and by the Attorneys General for their respective jurisdictions as follows: Bruce M. Botelho of Alaska, Grant Woods of Arizona, Winston
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