In reaching this conclusion, the court made some important pronouncements on regulatory takings law. It questioned the continuing relevance of Landgate v. California Coastal Commission—a case stating that delays in the permitting process do not generally give rise to temporary takings claims. The court adopted a point made in PLF’s amicus brief, that Landgate is no longer relevant to takings claims after the U.S. Supreme Court’s decision in Lingle v. Chevron. But rather, it is limited to substantive due process claims. The court stated: “In light of Lingle, we reject the County’s contention that Landgate establishes an independent test for evaluating whether government action is a regulatory taking.” It went on to say that even if Landgate remains good law, it does not apply to this case because the County’s actions vis-a-vis Lockaway were not “normal delay” caused by plausible mistakes. Rather, the County’s litigation position regarding the voter initiative was “nonsense,” as was its contention that its denial of Lockaway’s project was justified. The court likewise affirmed the damages and attorney fee award.