Court Cases Flashcards
First significant case regarding the relatively new practice of zoning, and served to substantially bolster zoning ordinances.
Euclid v. Ambler Realty Co.
Decision on compensation for regulatory takings. TDR.
Penn Central Transportation Co. v. New York City
Established the “total takings” test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation.
Lucas v. South Carolina Coastal Council
Held that a claimant does not waive his right to challenge a regulation as an uncompensated regulatory taking by purchasing property after the enactment of the regulation challenged.
Palazzolo v. Rhode Island
Has 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.
Dolan v. City of Tigard
Allows the use of performance criteria as a means of slowing community growth.
Golden v. Ramapo
Integrated public trust theories into a modern regulatory scheme. Challenge to Shoreline Zoning Ordinance that owners can’t develop land near navigable waters upheld. Not a takings because it preserved a public right rather than conferring.
Just v. Marinette Co.
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.
Mt. Laurel (Southern Burlington County N.A.A.C.P. v. Mount Laurel Township)
Challenging the legality of a city ordinance restricting the placement of signs in the yards of residents.
Ladue v. Gilleo
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.
Renton v. Playtime Theaters
“Essential Nexus” Ruled that a requirement by the org. was a taking in violation of the Takings Clause of the Fifth Amendment, as incorporated against the states by the Fourteenth Amendment.
Nollan v. California Coastal Commission
Eminent domain to transfer land from one private owner to another private owner to further economic development.
Kelo v. City of New London
Regulatory takings.
Lingle v. Chevron U.S.A. Inc.
Telecommunications Act case.
City of Rancho Palos Verdes v. Abrams
State courts can adjudicate challenges to land-use decisions.
San Remo Hotel v. City and County of San Francisco
Clarified when municipalities may impose content-based restrictions on signage (1st Amendment).
Reed v. Town of Gilbert
Freedom of Speech
1st Amendment
Takings
5th Amendment
Due Process
14th Amendment
Set forth the “balancing of interests” approach for reviewing taking claims.
Pennsylvania Coal Co. v. Mahon
“Rational Nexus” Upheld an impact fee regulation based upon a formula used to calculate the fair share of the cost of road improvements in the county.
Home Builders and Contractors Association of Palm Beach v. Palm Beach County
Taking, TDR, and the Tudor City Parks.
Fred F. French Investing Co. v. City of New
York
Established the constitutional right of cities to set building heights by certain districts.
Welch v. Swasey
A government should NOT be required to compensate property owners for every development moratorium, regardless of its purpose, duration, or potential impact on property values.
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
