AICP Certification Case Law and Legal Basis for Planning
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Pennsylvania Coal v. Mahon | show 🗑
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show | 1926 - Takings - Restrictions on Use -This case upheld zoning as constitutional under the United States Constitution, as being within the police power of the state. If zoning classifications were reasonable, then they would be upheld
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Penn Central Transportation Co. v. New York City | show 🗑
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Agins v. City of Tiburon | show 🗑
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show | 1987 - Takings - Affirmed Agins Test #1 - Stated that some states interest are more "legitimate than others" The more defensible the states interest the more likely it will be upheld.
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show | 1987 - Takings - Expanded Agins Test #1 required a Nexus between the taking and the state's interest.-
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show | 1994 - Takings - Expanded Agins Test #1 - "required a reasonable relationship" between the conditions to be imposed on a permit and the development's impact. "rough proportionality"
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Lucas v. South Carolina Coastal Council | show 🗑
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show | 1877 - A landmark decision that paved the way for future governmental intervention in private development.
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show | 1909 - The first clear-cut nationwide authority for communities to regulate development of private property through limitation of building heights, and to vary these heights by zone.
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show | 1912 - Setback legislation declared constitutional.
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Hadacheck v. Sebastian | show 🗑
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Town of Windsor v. Whitney | show 🗑
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show | An owner may not be denied economically valuable use of his or her land.
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First Prong of the Agins Test | show 🗑
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Nexus | show 🗑
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show | 1981 - Ordinances that placed tighter restrictions on non-commercial signs than commercial signs violate the 1st Amendment.
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show | 1976 - Communities can zone locations of adult entertainment establishments without violating the 1st Amendment.
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Renton v. Playtime Theaters | show 🗑
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Procedural Due Process | show 🗑
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show | Payment by government of just compensation to property owners when property is condemned or dimished by government action.
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show | 1974 - Upheld power to prohibit more than two unrelated individuals from residing together as a family.
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show | 1972 - Held that communties in growing areas in the way of urban expansion must take their fair share of the region's growth.
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Construction Industry Assoc. or Sonoma County v. Petaluma | show 🗑
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show | Upheld conditional development on the provision of services.
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show | Upheld redevelopment programs that took property in eminent domian and resold the property to private developers for redevelopment.
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Moore v. East Cleveland | show 🗑
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show | 1976 - Allowed for time phasing in future residential growth until performance conditions were met, including schools, sewers, water, and fire protection.
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1st English Evangical Luthern Church v. County of Los Angeles | show 🗑
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