Land Use Cases Flashcards
Mugler v Kansas, 1887
(Police Power/Due Process) 14th Amendment case in which the Court validated a Kansas law prohibiting sale of alcohol as valid use of police power.
Welch v Swasey, 1909
(Zoning) Boston can impose different height limits on bldgs in different districts.
Eubank v City of Richmond, 1912
(Zoning) A zoning establishing bldg setback lines based on request of adjoining property owners was held unconstitutional and not a valid use of the PP. It enabled the convenience of one set of property owners to control the property rights of others. It violates the due process of law and is therefore unconstitutional under 14th amendment
Hadacheck v Sebastian, 1915
(Zoning) 14th Amendment case where the SC upheld Los Angeles zoning ordinance that prohibited establishment of a brick kiln within a recently-annexed area. Due process and equal protection clause were not violated.
Pennsylvania Coal Co v Mahon, 1922
(Regulatory Takings) SC indicated for first time that a regulation of land use might be a taking if it goes too far
Village of Euclid v Ambler 1926
(Zoning) Established zoning as a legal use of PP by local government. Main issue was nuisance, and that a certain use near a residence could be considered a “pig in the parlor.” Argued by Alfred Bettman.
Nectow v City of Cambridge, 1928
(Zoning) Cambridge zoning ordinance was struck down because it had no valid pubic purpose: i.e., it did not promote the health, safety, morals, or welfare of the people of Cambridge
Berman v Parker, 1954
(Eminent Domain) Established aesthetics and redevelopment as valid public purposes for exercising eminent domain.
Jones v Mayer, 1968
(Equal protection) Ruling that discrimination in selling houses was not permitted based on the 13th amendment
Cheney v Village 2 at New Hope, 1968
(Zoning) Legitimized Planned Unit Development (PUD) zoning
Golden v. Ramapo, 1972
Upheld growth control plan based on performance standards and availability of public services.
Citizens to Preserve Overton Park v Volpe, 1971
(Environmental) Established “hard look” doctrine for environmental impact review. Park use is ok only if no “feasible and prudent” alternative and “all possible planning to minimize harm.”
Calvert Cliffs Coordinating Committee v Atomic Energy Commission, 1971
(Environmental) Made NEPA requirements judicially enforceable.
Sierra Club v Morton, 1971
(Environmental) Opened up environmental citizen suits to discipline the resource agencies.
Just v Marienette County, 1972
(Zoning) Integrated public trust theories into a modern regulatory scheme. Shoreland ZO along navigable streams and other water bodies upheld.
Fasano v Board of Commissioners of Washington Co, Oregon, 1973
(Zoning) Required zoning to be consistent with comprehensive plans, and central issue was spot zoning.
City of Belle Terre v Borraas, 1974
(Zoning/PP) Upheld the restrictive definition of a family as being no more than 2 unrelated people living together. Was a vlid exercise of the Village’s PP.
South Burlinton County NAACP v Township of Mount Laurel I, 1975
(Zoning) Held that in developing municipalities in growing and expanding areas, provision must be made to accommodate a fair share of low and moderate income housing.
TVA v Hill, 1978
(Environmental) Court forced full implementation and enforcement of the Endangered Species Act. It halted the construction of the Tellico Dam due to presence of the endangered Snail Darter fish.
Agins v Tiburon, 1980
(Taking) Established 2 part test for regulatory takings: 1) deprives property of all economically viable use, 2) when it fails to substantially advance a legitimate gov interest. Court found that the Open Space ZO did not result in taking w/o just compensation.