Law

Question 1

What is the significance of the Fifth Amendment to planning?

Answer 1

The Fifth Amendment requires just compensation for takings, so this amendment applies in cases of takings and eminent domain.

Question 2

What is the significance of the First Amendment to planning?

Answer 2

Within the framework of the First Amendment, freedom of speech applies to adult uses and signs. Freedom of religion applies to religious facilities. Freedom of association applies to group homes.

Question 3

What is substantive due process?

Answer 3

Substantive due process is about the validity of the rule itself, which in planning might include issues of aesthetics.

Question 4

What is procedural due process?

Answer 4

Procedural due process is about whether the rules were applied fairly, which in planning might include how an ordinance was applied.

Question 5

What is significance of equal protection clause of 14th Amendment to planning?

Answer 5

Equal protection is often applied to exclusionary zoning.

Question 6

What is the significance of the 14th Amendment to planning?

Answer 6

The Fourteenth Amendment defines different types of due process. Due process can be applied to takings, eminent domain, and exactions (a condition for development imposed on a parcel of land).

Question 7

Bove v Donner-Hanna Coke Corp 1932

Answer 7

Owner not permitted to make an unreasonable use of premises to the material annoyance of a neighbor, if the latter’s enjoyment of life or property is materially lessened

Question 8

Calvert Cliffs v. U.S. Atomic Energy Commission 1971

Answer 8

Overturned approval of nuclear plant because the AEC did not follow NEPA; gave NEPA strength

Question 9

Cohen v. Des Plains 1990

Answer 9

Zoning cannot be used to give churches an advantage over commercial establishments; Church could have day care but commercial entities couldn’t

Question 10

Kavanau v. Santa Monica Rent Control Board (1997)

Answer 10

Regulation that leaves some economically beneficial uses may still be a taking

Question 11

Moore v. City of East Cleveland 1977

Answer 11

Cities cannot define “family” so that the definition prevents closely related individuals from living with each other

Question 12

Members of City Council v. Vincent 1984

Answer 12

Aesthetics can satisfy advancing a legitimate public interest (visual clutter of signs)