Law Flashcards
**Hadacheck v Sabastian (1915)
no right to maintain a nuisance and no compensation for abatement; valid exercise of police power (brick yard LA) early zoning case
Munn v Illinois (1876)
regulation of business does not violate 14th amendment
railroad hauling rates
police power, public good
who has police power?
states under 10th amendment
Not Federal
what is federalism
sharing of power between state and national government
religion amendment
1st
free speech amendment
1st
due process, private property, takings amendment
5th amendment
police power delegated amendment
10th
due process and equal protection
14th amendment
Pennsylvania Coal v Mahon (1922)
takings case
coal sells surface rights to mahon, keeps subsurface rights
Lucas v South Carolina Coastal Council (1992)
takings case
compensation required when regulations deny all economic use of the property
couldn’t develop homes after a hurricane
Penn Central Transportation Co V City of New York (1978)
NYC Landmarks Preservation
First English Evangelical Lutheran Churh v LA County
flood, church camp cant rebuild due to moratorium
SCOTUS says monetary damages are allowed for a temporary taking,
Tahoe sierra preservation council v Tahoe regional planning agency (2000)
a temporary moratorium is not a per se taking
Berman V Parker (1954)
taking can be for aesthetic purposes not just for a public use (5th amendment)
Kelo v City of New London (2005)
CRA justified condemnation of entire nbd solely on economic development and job creation grounds
proposed action is sufficient public purpose under 5th amendment and upheld use of eminent domain for economic development purposes
Nollan v california coastal commission
exactions case
essential nexus
exaction must demonstrate essential nexus to alegitimate state interest
Dolan v city of tigard
exactions case, rough proportionality
essential nexus is not enough
must also be rough proportionality between the exaction and its impact on the property
fair share agreements
Village of Belle Terre v Boraas (1974)
long island town prohibiting student housing on basis of family,
Mt Laurel 1 (Southern Burlington NAACP v Mt Laurel)
urban renewal leads to white flight
MT laurel township zones for PUDs
township uses police power to discourage black families to stay
NJ supreme court
Young v American Mini Theaters (1976)
free speech
Detroit adopts zoning to disperse adult theaters
law upheld “speech” is not absolute; plurality decision no consensus
City of Renton v Playtime Theaters (1986)
Seattle suburb prevents adult theaters near schools
supreme court upheld, separation or concentration requirements for adult uses ok
Metromedia Inc v City of San Diego (1981)
city banned almost all off premise outdoor advertising to improve city appearance
bans exception allowing onsite commercial advertising discriminated against noncommercial speech
court held affording greater degree of protection to commercial than noncommercial was reaching too far into realm of protected speech
RLUIPA: Religious land use and institutionalized persons act (2000)
prevent invidious discrimination against free exercise of religion
land use regs can’t impose substantial burden, or not treat all religious assembly equally
Mugler v Kansas (1887)
Mugler buys brewery; state bans alcohol; Mugler argues 14th amendment taking and due process violations
scotus: ordinance upheld; state police power to prohibit use of property to protect health is not a taking and no compensation required
Euclid vs Ambler (1926)
case where zoning is determined not to be a taking
cleveland village creates comprehensive zone; ambler sees 75% reduction in value; has no immediate plan to develop
scotus:zoning cannot be arbitrary or capricious; 5th amendment due process; upholds standard state planning/zoning enabling acts
Golden vs Town of Ramapo (1972)
Golden applies for plat in town but refuses to build required improvements in advance of need; plat is denied
result: ordinance upheld; first statement of power of a town to plan for its future and a national model is born
construction industry association v city of Petaluma (1975)
city comp plan rations issuance of building permits to 500/yr for 5 years w growth management boundary
development industry sues federal court argues violates right to travel and 14th amendment due process
US District Court rejects argument; 9th circuit upheld Petaluma’s right to preserve its small town character, another model
associated home builders of greater eastbay vs city of livermore
Livermore enacted ordinance prohibiting new res until utility standards met
calif supreme court found no determination, not enough facts
court can defer to the judgement of the municipalities legislative body
what is first step when bill gets submitted federal
introduced and gets assigned to a committee
what is first step when bill becomes law (state)
gets read (first reading) then goes to a committee after that
what takings test was established in agins vs tiburon
there is a reasonable relationship between the exaction and the property
appeland aquired 5 acres of unimproved land. density restrictions.
