Law Flashcards
Before comprehensive zoning, regulation of land use was based on what?
Nuisance laws: persons with real property are entitled to the quiet enjoyment of their land.
Noise, pollution, odor
Welch v Swasey; 214 US 91 (1909)
The court established the right of municipalities to regulate building height.
Eubank v City of Richmond; US Supreme Court (1912)
Setbacks are constitutional
Ordinance giving one set of property owners ability to impose setbacks through petition deprives other owners due process.
Court struck down the ordinance that allowed the owners of 2/3rds the land abutting any street to set the setback (building line).
Explain police powers
These are powers of a state government to make and enforce all laws necessary to preserve public health, safety and general welfare.
Hadacheck v Sebastian; US Supreme Court, 1915
The Court first allowed the regulation of the location of land uses.
This was a case on the constitutionality of zoning ordinances.
The court found that a zoning ordinance in Los Angeles that prohibited the production of bricks in a specific location did not violate the 14th Amendment Due Process and Equal Protection clauses.
Village is Euclid v Ambler Realty; US Supreme; 1926
Upheld zoning classifications if classifications were reasonable.
The Court found that as long as the community believed that there was threat of a nuisance, the zoning ordinance should be upheld (must be connected to public welfare).
The key question before the court was whether the Village of Euclid’s zoning ordinance violated the Due Process and Equal Protection clauses of the 14th Amendment.
The court upheld modern zoning as a proper use of police power.
Nectow v City of Cambridge; 1928
Zoning ordinance was struck down because it had no valid public purpose.
Nectow owned property and entered into a contract to sell the land to a purchaser who wanted to use the land for commercial purposes.
Before the sale was completed the City of Cambridge passed a zoning ordinance that placed a 100 foot wide stop of Nectow’s property under residential zoning restrictions. Because of this restrictions, the sale failed.
The zoning ordinance had no valid public purpose (to promote health, safety, morals, or welfare of the public) and the court ruled that it was a violation of the due process clause of the 14th amendment.
Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals (1972)
Upheld the towns right to require PERFORMANCE STANDARDS to obtain a special building permit.
The courts decided that local governments can condition development approval on the provision of services.
The court upheld a growth management system that awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access, and firehouses.
A proposal would only be approved upon reaching a certain point level. Developers could increase their point total by providing the facilities themselves.
Construction Industry of Sonoma County v. City of Petaluma; U.S. Court of Appeals for the 4th Circuit (1975)
The Court upheld quotas on the annual number of building permits issued.
Associated Home Builders of Greater East Bay v. City of Livermore; California Supreme Court (1976)
Court allowed time phasing of future residential growth until performance conditions were met.
The Court upheld temporary moratoriums on building permits.
Brandt Revocable Trust v United States (2013)
The Court found that the 1875 General Railroad Right-of-Way Act grants an easement for the railroad’s land. When the railroad company abandons the land, it should be settled as an easement and if the easement is abandoned, the easement disappears and the land reverts to the previous owner.
Massachusetts v. EPA, Inc.; U.S. Supreme Court (2006)
The Court held that the EPA must provide a reasonable justification for why it would not regulate greenhouse gases.
Massachusetts argued that EPA was required to regulate these “greenhouse gases” by the Clean Air Act - which states that Congress must regulate “any air pollutant” that can “reasonably be anticipated to endanger public health or welfare.”
Rapanos v. United States; U.S. Supreme Court (2006)
The Court found that the Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway.
Instead, Wetlands that are not adjacent to a traditionally navigable water must have a “significant nexus” with a one. This requirement is satisfied if the wetland has a significant effect on the water quality of navigable waters. Justice Kennedy suggested that Rapanos’s wetlands may be covered under the CWA if more evidence of a significant nexus were presented.
SD Warren v. Maine Board of Environmental Protection; U.S. Supreme Court (2006)
The Court found that hydroelectric dams are subject to Section 401 of the Clean Water Act.
Do hydroelectric dams result in “discharge” under the meaning of Section 401 of the federal Clean Water Act? Yes, “[w]hen it applies to water, ‘discharge’ commonly means a ‘flowing or issuing out.’ .
Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.; US Supreme Court (2015)
In this case, the Supreme Court was asked to evaluate whether disparate impact is the appropriate standard in which to evaluate the impact of the Fair Housing Act. Inclusive Communities Project claimed that the Texas Department of Housing and Community Affairs was disproportionately granting tax credits to developments in minority neighborhoods and denying credits to developments within Caucasian neighborhoods. The Court held that Disparate impact is the appropriate standard to be applied to the Fair Housing Act. The result is that policies that even inadvertently relegate minorities to poor areas violate the Fair Housing Act.
Young v. American Mini Theaters, Inc.; U.S. Supreme Court (1976)
The Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit.
Metromedia, Inc. v. City of San Diego; U.S. Supreme Court (1981)
The Court found that commercial and noncommercial speech cannot be treated differently. The court overruled an ordinance that banned all off-premises signs because it effectively banned noncommercial signs.
Members of City Council v. Vincent; U.S. Supreme Court (1984)
Aesthetics can satisfy advancing a legitimate public interest.
The Court upheld a Los Angeles ordinance that banned attaching signs to utility poles.
The Court found that the regulation of signs was valid for aesthetic reasons as long as the ordinance did not regulate the content of the sign.
If the regulation is based on sign content, it must be justified by a compelling governmental interest. The Court found that aesthetics does advance a legitimate state interest.
City of Renton v. Playtime Theatres, Inc.; U.S. Supreme Court (1986)
The Court upheld a zoning ordinance that limited sexually oriented businesses to a single zoning district. The Court found that placing restrictions on the time, place, and manner of adult entertainment is acceptable. The ordinance was treating the secondary effects (such as traffic and crime), not the content. The Court found that the city does not have to guarantee that there is land available, at a reasonable price, for this use. However, the city cannot entirely prohibit adult entertainment.
Religious Land Use and Institutionalized Persons Act of 2000
The new act declares that no government may implement land use regulation in a manner that imposes a substantial burden on the religious assembly or institution unless the government demonstrates that imposition of burden both is in furtherance of compelling government interest and is the least restrictive means of furthering that compelling governmental interest.
Reed et al. v Town of Gilbert Arizona (2014)
The pastor of a church rented space in an elementary school and placed signs in the area announcing the time and location of the church services. Gilbert’s sign ordinance restricts the size, number, duration, and location of certain types of signs, including temporary signs. Gilbert advised the church that it had violated the sign code through the placement of the temporary signs. The church sued Gilbert claiming that the sign code violated the free speech clause in the First Amendment, as well as the equal protection clause of the Fourteenth Amendment.
The US Supreme Court found that the city cannot impose a more stringent restriction on signs directing the public to a meeting than on signs conveying other messages. The Court found the sign ordinance was not content-neutral.
United States v. Gettysburg Electric Railway Company; U.S. Supreme Court (1896)
The Court ruled that the acquisition of the national battlefield at Gettysburg served a valid public purpose. This was the first significant legal case dealing with historic preservation.
Pennsylvania Coal Co. v. Mahon; U.S. Supreme Court (1922)
Restrictions on use are not a taking provided they do not go too far.
The Court found that if a regulation goes too far it will be recognized as a taking.
This was the first takings ruling and defined a taking under the 5th Amendment.
He reasoned the state exceeded its police powers by significantly diminishing the value of the land estates without having a strong public interest reason to do so.
Berman v. Parker; U.S. Supreme Court (1954)
The Court held that aesthetics is a valid public purpose. The Court also found that urban renewal is a valid public purpose.
In 1945, Congress passed the District of Columbia Redevelopment Act, creating the District of Columbia Redevelopment Land Agency, whose purpose would be to identify and redevelop blighted areas of Washington, D.C. Congress gave the new agency the power of eminent domain – the ability to seize private property with just compensation.
Berman and the other appellants owned a department store in one blighted area targeted by the commission and objected to the seizing of their property solely for beautification of the area. The landowners brought a civil suit in federal district court challenging the constitutionality of the Act. Their case was dismissed. They then appealed directly to the U.S. Supreme Court.