Law Flashcards
Bove v. Donner-Hanna Coke Corp, 1932
Nuisance doesn’t apply when one intentionally locates to a known industrial area, even if the source of nuisance didn’t exist when they moved there.
Calvert Cliffs v. US Atomic Energy Commission, 1971
First important court interpretation of NEPA. Environmental impacts of licensing a nuclear power plant. The atomic Energy Commissions rules were deficient under NEPA and required revision.
Cohen v. Des Plains, 1990
Zoning cannot be used to give churches an advantage over commercial establishments. Church could have day care but commercial entities couldn’t.
NAACP v. Mt. Laurel 1, 1972
Held that in New Jersey communities in growing areas in the way of urban expansion must take their fair share of the regions growth.
NAACP v. Mt. Laurel 2, 1983
A municipality must, by land use regulations, make possible an appropriate variety and choice of housing. It cannot make it physically and economically impossible to provide low and moderate income housing for those who need it. Affirmative measures should be used to ensure a fair share goal is reached.
Kavanau v. Santa Monica rent control board, 1997
Regulation that leaves some economically beneficial uses may still be a taking.
Pennsylvania Coal v Mahon, 1922
Restrictions on use are not a taking provided they do not go too far.
Nectow v city of Cambridge 1928
Rational basis test. Ordinance struck down because it had no valid public purpose.
Agnis v city of Tiburon
Two prong test- (shark teeth)- it’s a taking if 1: does not substantially forward state interest and 2: denies owner an economically viable use of their land.