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AICP Law (recent)
Recent court cases since 2009
| Question | Answer |
|---|---|
| Stop the Beach Renourishment v. Florida Department of Environmental Protection (USSC) | 2009 - Takings - Littoral rights (access to the water) and beachfront property is not guaranteed. Florida Dept. of Environmental Protection allowed to renourish beach. |
| RTM Media v. City of Houston (USCA) | 2009 - Freedom of Speech - City of Houston attempted to ban billboards. Commercial signs are far more numerous than non-commercial and can be treated differently as long as it advances a substantial government interest. |
| Midwest Media v. City of Erlanger & City of Ft. Wright (USCA) | 2009 - Freedom of Speech - Purpose statement did not accompany sign standards; questioned state interest in size restrictions of billboard signs |
| Continental Property Group v. City of Minneapolis (Minnesota Court of Appeals) | 2010 - Procedural Due Process - Minneapolis council members met illegally |
| Guggenheim v. City of Goleta (USCA) | 2010 - Takings - Guggenheim sued the City claiming the City's rent control ordinance was a taking without compensation.Court ruled it was not a taking. |
| Kyser v. Kasson Township (Michigan Supreme Court) | 2010 - Takings - Court upheld a local unit of government’s right to zone certain areas for mining, and prohibit mining in other areas even if no very serious consequences would result from the mining. |
| Rocky Mountain Christian Church v. Board of County Commissioners (USCA) | 2010 - Equal Protection - Board denied rezoning application for expansion of church on the basis that it was inconsistent with comp plan. Court ruled like uses should be regulated in similar ways (church vs. school) |
| West Linn Corporate Park v. City of West Linn (USCA) | 2011 - Takings - Corporate park alleged conditions of approval for site plan constituted taking (off-site public improvements). Requiring off-site improvements do not constitute taking. |
| Magner v. Gallagher | 2011 - Equal Protection - Whether the federal Fair Housing Act made it illegal for local governments to engage in housing code enforcement in a way that had a negative impact on minorities, even if there was no intentional bias. |
| Koontz v. Saint Johns Water Management District | 2012 - Procedural Due Process - Cities cannot negotiate proposed development plans unless specifically spelled out in ordinances. |
Created by:
MaxwellKD
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