10.2.6 Civil rights and antitrust actions.

A full discussion of the principles governing civil rights and antitrust actions is beyond the scope of this work. In some circumstances, zoning ordinances may be reviewed pursuant to federal civil rights and antitrust laws. A party complaining of violation of a constitutional right and seeking damages in federal court must utilize 42 U.S.C. § 1983, Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704 (9th Cir. 1992), cert. denied, 506 U.S. 1081 (1993). A property owner, who pursuant to 42 U.S.C. § 1983 seeks damages for a regulatory taking, is entitled to a jury trial under the Seventh Amendment in regard to the issue of whether the government's actions denied all economically viable use of the property. In some factbound circumstances, the right to a jury trial also exists in regard to the issue