AICP Flashcards
Right to farm laws
Spur Industries v. Webb Development Company
-1972
-Supreme Court of Arizona
-demonstrates the principles of nuisance law
-livestock feedlot vs retirement community. Eventually grew large and close enough to one another that the stench of manure and infestation of flies from the feedlot were affecting current residents and inhibiting future sales.
-court ordered Spur to shut down operations, determining that the feedlot was a public nusiance
“Amortization” of use
Construction Industry Association of Sonoma County vs. City of Petaluma; 9th Circuit Court of Appeals (1971)
-1975
-city wanted to slow development to a manageable rate
-9th US Circuit Court upheld an urban growth boundary that limited multifamily units to 500 per year
-set a precedent because the court recast the police power; ninth circuit said that it was not unconstitutional for Petaluma voters to use police power to dictate a slower rate of growth
Golden vs. Planning Board Town of Ramapo; New York Court of Appeals (1972)
-1972
-New York court of appeals
-established growth management planning as a valid exercise of police power in the US
-special permit requirement for subdivisions; an applicant who did not apply for a special permit sued.
-The Court of Appeals confirmed that the State of New York’s legislation enabled zoning phased growth.
-provided the foundation for subsequent growth management movement in the US
-system where individual municipalities manage growth, rather than it being managed by the state, is sometimes referred to as “the Ramapo system”
-it is criticized for encouraging urban sprawl and for being effectively exclusionary in areas with limited developable land
-Ramapo and Petaluma are the basis for the use of development impact fees to finance public infrastructure throughout the United States
Associated Homebuilders v. City of Livermore; CA Supreme Court (1976)
-1976
-California
-the City of Livermore enacted a municipal ordinance to promote the health, safety, and welfare of its citizens. The ordinance prohibited the issuance of new residential building permits until the sewage disposal, water supply, and local education facilities were in compliance with the specified standards.
-Homebuilders Association sued saying the ordinance was unconstitutional
-Held - yes, a municipal land use ordinance that is reasonably related to the public welfare constitutes a valid exercise of police powers
Welch v. Swasey (1909)
-1909
-US Supreme Court Case
-upheld that MA statutes limiting the heights of buildings in a certain quarter of a city do not violate the Constitution of the US
Hadacheck v. Sebastian (1915)
-1915
-US Supreme Court case
-held that an ordinance of Los Angeles prohibiting the manufacturing of bricks within specified limits of the city did not unconstitutionally deprive the petitioner of his property without due process of law or deny him equal protection of the law
-made brickyards illegal in a certain section of the city
-US supreme court upheld CA Supreme Court decision, holding that the ordinance was a legitimate use of police power
-one of the first cases to deal with the issue of regulatory takings under zoning laws
Village of Euclid v. Ambler Realty Co. (1926)
-1926
-US Supreme Court
-first significant case regarding the relatively new practice of zoning
-US Supreme Court’s finding that local ordinance zoning was a valid exercise of the police power bolstering zoning in the US and influenced other countries
-court held that the zoning ordinance was not an unreasonable extension of the village’s police power and was not arbitrary
Village of Belle Terre v. Boaraas; US Supreme Court (1974)
-1975
-US Supreme Court
-Court upheld the constitutionality of a residential zoning ordinance that limited the number of unrelated individuals who may inhabit a dwelling
-held that police power is a valid basis for establishing residential zones limiting the number of unrelated individuals who may inhabit a dwelling
-the city had a rational basis for its prohibition on housing large numbers of unrelated individuals because creating a quiet neighborhood is a permissible state goal and this ordinance is closely related enough to this goal to be sustained under the rational basis test
Southern Burlington County NAACP v. Township of Mount Laurel; New Jersey Supreme Court (1975; 1983)
-plaintiffs challenged the zoning ordinance of Mount Laurel Township, NJ on the grounds that it operated to exclude low and moderate income persons from obtaining housing in the municipality
-Mount Laurel doctrine is a significant judicial doctrine in the NJ State Constitution. Requires that municipalities use their zoning powers in an affirmative manner to provide a realistic opportunity for the production of housing affordable to low and moderate income households
-a developing municipality must, by its land use regulations, make realistically possible the opportunity for an appropriate variety and choice of housing for all categories of people who may desire to live there
Berman v. Parker; US Supreme Court (1954)
-1954
-US Supreme Court
-Washington DC redevelopment authority
-Interpreted the takings clause of the fifth amendment of the US Constitution
-Court voted 8-0 to hold that private property could be taken for a public purpose with just compensation
-on behalf of department store slated to be taken by eminent domain, Berman argued that the property could not be taken because it was not blighted.
-Court ruled in favor of the Planning Commission by arguing that the problem of large-scale blight needed to be addressed by a large-scale integrated redevelopment plan
Penn Central Transportation Co. v. The City of New York (1978)
-1978
-landmark US Supreme Court case on regulatory takings
-Penn Central sued NYC after the NYC Landmark Preservation Commission denied its vid to build a large office building on top of Grand Central terminal
-Supreme Court ruled in city’s favor
-Penn Central argued that the regulation took its air rights above Grand Central which had been designed to accommodate a 20-story building on top of it.
-Supreme Court disagreed and held that under a new taking test that it formulated in this opinion, the economic impact of Penn Central was not severe enough to constitute a taking because Penn Central conceded that it could still continue with its present use whose return was reasonable.
-The Court therefore found that the city’s restrictions on Grand Central Terminal did not amount to a taking
-does not interfere with the present uses of the terminal
Nollan v. California Coastal Commission (1987)
-1987
-US Supreme Court Case
-ruled that a CCC regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional
-property did not present the same conditions as in Malibu where the condition of approval was used frequently
-rational nexus
Dolan v. Tigard (1994)
-1994 Supreme Court case
-landmark case regarding zoning and property rights
-served to establish limits on the ability of cities and other government agencies to use zoning and land use regulations to compel property owners to make unrelated public improvements as a condition to getting zoning approval, citing the violation of the Fifth Amendment takings clause
-Dolan applied for a permit to expand store and pave parking lot of her store. City planning commission granted conditional approval, depending on Dolan dedicating land to a public greenway along an adjacent creek, and developing a pedestrian and bicycle pathway in order to relieve traffic congestion.
-Supreme Court overturned state courts, holding that a government agency may not require a person to surrender constitutional rights in exchange for discretionary benefits, where the property sought has little or no relationship to the benefit conferred
-two-prong test was applied: whether or not there is an “essential nexus” between the permit conditions and legitimate state interest; and whether or not the degree of the exactions required by the permit condition bears the required relationship to the projected impact of the proposed extra development.
-Court held that the first condition had been satisfied but the City failed to make an individualized determination that the required dedications are related, in both nature and extent, to the proposed impact.
-City failed to meet its burden of establishing that the proposed pathway was necessary to offset the traffic increase caused by the proposed expansion
Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe
-2002
-US Supreme Court
-Takings clause of the 5th and 14th amendments
-case dealt with the question of whether a moratorium on construction of individual homes improved by the Tahoe Regional Planning Agency (TRPA) fell under the takings clause and whether the owners should receive just compensation as required by that clause
-Supreme Court found that the moratorium did not constitute a taking.
-Reasoned that there was an inherent difference between the acquisition of property for public use and the regulation of property from private use
-if governments are required to compensate landowners every time a moratorium is put into place in order to plan the development of an area, then officials will either rush through the planning process or skip it altogether fostering growth in the community that is either ill-conceived or inefficient
Kelo v. City of New London (2005)
-2005
-landmark decision of the Supreme Court of the US (won 5-4)
-held that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment
-Kelo sued the City of New London CT for taking her house for a “comprehensive redevelopment plan”
-court found that the city’s use of eminent domain was permissible under the takings clause because the general benefits the community would enjoy from economic growth qualified as “public use”
Young v. American Mini Theaters, Inc (1976)
-1976
-US Supreme Court
-Court upheld a city ordinance of Detroit requiring dispersal of adult businesses throughout the city
-found that this is only a place restriction with a limited effect on speech
Metromedia, Inc v. City of San Diego (1981)
-1981
-US Supreme Court
-it was decided that cities could regulate billboards, and that municipal governments could not treat commercial outdoor advertising more harshly than noncommercial messages
Los Angeles City Council v. Taxpayers for Vincent (1984)
-1984
-US Supreme Court
-Supreme Court upheld a city ordinance prohibiting the posting of signs, including for political candidates, on utility poles, crosswires, and other structures on public property.
-the court said the ordinance was a permissible “time/place/manner” restriction
-found that the ordinance, which applied to all signs, was not intended to regulate speech on the basis of its content
-law left candidates with an alternate means of communication
City of Renton v. Playtime Theatres Inc. (1986)
-1986
-case in which the Supreme Court held that localities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regulation in question was a content-neutral time/place/manner restriction.
-specific restriction at issue was established by Renton, Washington, and prohibited adult theaters within 1,000 feet from any residential zone, single- or multi-family dwelling, church, park, or school.
City of Ladue v. Gilleo (1994)
-1994
-Supreme Court
-Case challenging the legality of a city ordinance restricting the placement of signs in the yards of residents of Ladue, Missouri
-Supreme Court unanimously found that a town could not eliminate an entire form of communication, in this case signs.
-While Ladue alleged that this regulation was permissible as a restriction on “time/place/manner”, since residents could express themselves via other means, the Court found that there were no means that would be adequate substitutes.
-Ladue had also argued that its regulation was content neutral, but this did not satisfy the court, which still found that the regulation prevented too much speech that is protected
Reed v. Town of Gilbert (2015)
-2015
-US Supreme Court
-clarified when municipalities may impose content-based restrictions on signage.
-ordinance imposed stricter limitations on signs advertising religious services than signs that displayed “political” or “ideological” messages
-cited by enforcement officer
-Court held that town’s sign ordinance imposed content-based restrictions that did not survive strict scrutiny because the ordinance was not narrowly tailored to further a compelling government interest
1st Amendment
Freedom of speech
5th Amendment
Just compensation
14th Amendment
Due Process
Delegation of power
Procedural due process
Substantive due process
Equal protection
Freedom of speech
Just compensation
California state housing and zoning laws
Oregon state housing and zoning laws
Washington state housing and zoning laws
Maine state housing and zoning laws
Municipal reforms (Minnesota)
Massachusetts state housing and zoning laws (40B and MBTA Communities)
“How the other half lives”
Jacob Riis. Published in 1890. Resulted in housing reform in NYC.
“Tomorrow: A Peaceful Path to Real Reform”
Ebenezer Howard. 1898. Initiated the Garden City Movement.
“Wacker’s Manual of the Plan of Chicago”
Walter Moody. 1912. This book was adopted as a textbook for eighth graders in Chicago.
“Carrying Out the City Plan”
Flavel Shurtleff. 1914. First major textbook on city planning.