Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 18 (1999)

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704

MONTEREY v. DEL MONTE DUNES AT MONTEREY, LTD.

Opinion of the Court

ment plan not reasonably related to legitimate public interests. Although somewhat obscure, the city's argument is not cast as a challenge to the sufficiency of the evidence; rather, the city maintains that the Court of Appeals adopted a legal standard for regulatory takings liability that allows juries to second-guess public land-use policy.

As the city itself proposed the essence of the instructions given to the jury, it cannot now contend that the instructions did not provide an accurate statement of the law. In any event, although this Court has provided neither a definitive statement of the elements of a claim for a temporary regulatory taking nor a thorough explanation of the nature or applicability of the requirement that a regulation substantially advance legitimate public interests outside the context of required dedications or exactions, cf., e. g., Nollan, supra, at 834-835, n. 3, we note that the trial court's instructions are consistent with our previous general discussions of regulatory takings liability. See Dolan, supra, at 385; Lucas v. South Carolina Coastal Council, 505 U. S. 1003, 1016 (1992); Yee v. Escondido, 503 U. S. 519, 534 (1992); Nollan, supra, at 834; Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U. S. 470, 485 (1987); United States v. Riverside Bayview Homes, Inc., 474 U. S. 121, 126 (1985); Agins v. City of Tiburon, 447 U. S. 255, 260 (1980). The city did not challenge below the applicability or continued viability of the general test for regulatory takings liability recited by these authorities and upon which the jury instructions appear to have been modeled. Given the posture of the case before us, we decline the suggestions of amici to revisit these precedents.

To the extent the city contends the judgment sustained by the Court of Appeals was based upon a jury determination of the reasonableness of its general zoning laws or land-use policies, its argument can be squared with neither the instructions given to the jury nor the theory on which the case was tried. The instructions did not ask the jury whether the city's zoning ordinances or policies were unreasonable

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