Legal Principles & Cases in Planning
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| Dillon's Rule | show 🗑
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| show | Capacity of the state to regulate behavior and enforce order - general welfare, morals, health and safety. Zoning is an exercise of police power.
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| show | Established zoning as a valid exercise of police power by local government. Alfred Bettman filed brief with the court
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| 5th Amendment | show 🗑
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| show | Freedom of Speech
Freedom of Religion
Freedom of Association
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| 14th Amendment | show 🗑
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| show | State can make needful regulations for the protection of public welfare, compensation is not required where these regulations are reasonable although they may deprive an owner of the use of his property.
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| Village of Belle Terre v. Borea; US Supreme Court 1972 | show 🗑
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| show | USSC 1977 Concerned denial of a rezoning from single family to multifamily and question of whether racial discrimination. Denial upheld by USSC.
14th Amendment
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| show | Church in historic district prohibited from enlarging. Found to exceed the enforcement powers of the 14th Amendment.
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| Welch v Swasey; US Supreme Court 1909 | show 🗑
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| Eubank v City of Richmond US Supreme Court 1912 | show 🗑
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| show | approved the regulation of the location of land uses (zoning - police power). Existing brickyard became surrounded by residential area. Regulations precluded his continued use.
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| Nectow v City of Cambridge; US Supreme Court 1928 | show 🗑
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| Macromedia v City of San Diego; US Supreme Court 1981 | show 🗑
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| show | upheld zoning ordinance that dispersed adult business throughout the city (Detroit) 1st Amendment
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| City of Renton v Playtime Theaters; USSC 1986 | show 🗑
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| show | No government may implement land use regulations in a manner that imposes substantial burden on the religious assembly or institution. Govt must demonstrate reg furthers compelling govt interest and it is the least restrictive means of doing so.
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| Pennsylvania Coal v Mahon; US Supreme Court 1922 | show 🗑
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| Berman v Parker; US Supreme Court 1954 | show 🗑
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| show | Air rights - Penn Station wanted to expand - prohibited by zoning. Court decision it was not a taking. Considered extent value declined, economic viability left remaining, and character of regulation to determine if it took property rights.
5th Amend.
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| show | Upheld city's right to zone property at low-density. Not a taking.
5th Amendment.
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| Loretto v Teleprompter Manhattan CATV; USSC 1982 | show 🗑
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| show | If a property is unusable for a period of time (due to regulation) the property owner can require compensation. Allowed damages as opposed to invalidation as a remedy for regulatory takings.
5th Amendment
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| Nollan v California Coastal Commission; USSC 1987 | show 🗑
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| Lucas v South Carolina Coastal Council; USSC 1992 | show 🗑
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| show | "Rational Nexus" test was furthered to "rough proportionality" test. Conditions that require deeding portions of a property to the govt can be justified where there is a relationship between the nature and extent of the proposed development.
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| Suitum v Tahoe Regional Planning Agency; USSC 1997 | show 🗑
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| City of Monterrey v Del Monte Dunes; US Supreme Court 1999 | show 🗑
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| Palazzolo v Rhode Island; US Supreme Court 2001 | show 🗑
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| show | US Supreme COurt 2002 A temporary moratorium on development does not constitute a regulatory taking.
5th Amendment.
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| show | Threw our takings test related to whether a regulation "substantially advances" legitimate state interests - imprecise and not appropriate.
5th Amendment
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| show | Established the remedies available to a property owner if a local jurisdiction violates the Telecommunications Act. May remedy violation and issue permit - but not receive damages.
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| Kelo v City of New London; US Supreme COurt 2005 | show 🗑
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| San Remo Hotel v San Francisco; USSC 2005 | show 🗑
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| Cheney v Village 2 at New Hope; Pennsylvania 1968 | show 🗑
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| show | Established the "hard look" doctrine for environmental impact review. Federal funds may not be used to impact a public park if a feasible and prudent alternative route exists. If no alt - harm must be minimized
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| Calvert Cliffs Coordinating Committee v AEC; | show 🗑
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| show | Opened up environmental citizen suits to discipline the resource agencies (standing)
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| Golden v Planning Board of Ramapo; NY 1972 | show 🗑
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| Just v Marinette County; Wisconsin 1972 | show 🗑
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| Fasano v Board of Cty Comm of Washington County; Oregon 1973 | show 🗑
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| Tennessee Valley Authority v Hill; US Supreme Court 1978 | show 🗑
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| Southern Burlington County NAACP v Mt Laurel II; NJ 1983 | show 🗑
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| Williamson Cty Regl Planning Comm v Hamilton Bank; USSC 1985 | show 🗑
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| show | Applied Endangered Species Act to land development. Definition of harm - significant habitat modification or degradation where it actually kills or injures wildlife.
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| show | A state law regulating pricing did not constitute a taking. Established the principle of public regulation of private businesses in the public interest.
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| show | neighbor consent to commerical signage required when more than 1/2 of block is residential. Valid exercise of police power to allow the affected residents to voice concerns and provide consent.
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| show | PC duty to make surveys, maps, designate public streets, layouts. Held valid exercise police power when it regulates the free exercise private property that is detrimental to public interest.
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| Romar Realty v Board of Commissioners; New Jersey 1921 | show 🗑
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