Del Monte Dunes at Monterey, Ltd., et al., Plaintiff-appellee, v. City of Monterey, Defendant-appellant.del Monte Dunes at Monterey, Ltd., and Monterey-del Montedunes Corporation, Plaintiffs-appellants, v. City of Monterey, Defendant-appellee, 118 F.3d 660 (9th Cir. 1997)

Before: WALLACE and LEAVY, Circuit Judges, and BAIRD,^*  District Judge.

Prior report: 95 F.3d 1422.

The 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.