Foundational Growth Management Cases Flashcards
Court upheld a growth management system that awarded points to development proposals based on availability of public utilities, drainage facilities, parks, road access, and firehouses. Proposal would only be approved upon reaching a certain level; however, developers could increase their point total by providing the facilities themselves.
Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals (1972)
Court upheld quotas on the annual number of building permits issued.
9th Circuit Court of Appeals ruled that governments can preserve open space and small town character by managing growth via managing how many building permits could be issued.
Reversed district court ruling that 5-year plan that restricted housing to 500 units per year is a valid exercise of the Police Powers.
Validated growth management policies.
Construction Industry of Sonomoa County v. City of Petaluma; U.S. Court of Appeals for the 4th Circut (1975)
Court upheld ability to phase growth to relieve overcrowded schools, sewer treatment facilities, and water resources.
Associated Homebuilders v. City of Livermore; CA Supreme Court (1976)
Known as “coming to nuisance” cases.
Nuisance land use comes to where you are. Who was there first? Who gets to claim nuisance?
Offending party’s defense is that it engaged in that activity before the complaining party arrived.
A feedlot got to continue operating. Common in agriculture uses.
Lead to amortization of nonconoforming use. Eliminate existing use. ordinance can require terminantion of uses over a period of time. Use must end without compensation at the end of the amortization period.
Spur Industries v. Webb Development Compay; Supreme Court of Arizona (1972)
