Law 2 Flashcards
Other law cases
Citizens to Preserve Overton Park v. Volpe
Sued to prevent building highway through a park. Supreme Court ruled that agencies have limits on discretionary powers and lower courts had to review more documentation to make decision.
Jones v. Alfred H. Mayer Co. (1968)*
Supreme Court rules that federal government can intervene in private sales if such sales are racially discriminatory - ends racially restrictive covenants
Just v. Marinette County
Municipalities can restrict infill of wetlands and shorelines
Fasano v. Board of County Commissioners (1973)*
SPOT ZONING or zoning changes without supporting evidence such as comp plan are unconstitutional.
Hills v. Gautreaux
Chicago Housing Authority found to have engaged in discriminatory practices by not building affordable housing in white neighborhoods. Significant in that it was accepted into evidence that housing vouchers provided better economic mobility for families using them,
Tennessee Valley Authority v. Hill
Ruled that an injunction on Tellico Dam Project was constitutional because Endangered Species Act protected the Snail Darter. Dam would be built after act of congress in 1972 after species relocated.
Central Hudson Gas & Electric Corporation v. Public Service Commission of New York
Supreme Court found a regulation prohibiting an electric company from advertising the use of electricity violation of 2nd amendment.
City of Cleburne v. Cleburne Living Center, Inc.*
Denial of a care home for “mentally-retarded” unconstitutional under 14th equal protection clause
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City
County commission changed density allowances after a plan had been approved and subsequently denied plats. A jury trial found that a taking had occurred and property owner entitled to money, Supreme Court found that a taking had not occurred because property owner had not exhausted all remedies to seek final administrative decision of denial.
Coming to the nuisance
Courts are likely to view favorably defendants of nuisance claims if the nuisance existed prior to plaintiff locating or being effected by nuisance. Especially common in agricultural nuisances.
Knick v. Township of Scott, Pennsylvania (2019)
Overturned Williamson County v. Hamilton Bank decision. Municipality passes ordinance requiring public access to all cemeteries. Property owner sued with a takings claim but not follow inverse condemnation process. Supreme Court found that requiring plaintiff to run all courses of action to seek remedy prior to filing takings claim is too burdensome.
City of Ladue v. Gilleo*
Property owner placed yard signs with political message. City ordinance prohibited personal yard signs of all content. Supreme Court found unconstitutional because it eliminated entire form of free speech.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
Supreme Court interprets Clean Air Act allowing EPA and point source contributors to calculate emissions based on “bubble” of multiple contributors rather than as individual contributors.
Types of Easements
Negative - Conservation
Appurtenant - Use another’s land
Easement in Gross - personal permission
Express grant - written permission
Express Reservation - written permission to reserve a right
Implication - reasonable and intended
Prescription - adverse possession, against wishes of property owner. Must be: Open, Adverse, Continuous, Claim of Right
Termination of Easement
Expiration Unity of Ownership/Merger Release Abandonment Condemnation
Procedural Due Process
Follows all procedures and rules to establish a rule or reach a decision
Substantive Due Process
Rational relationship to legitimate government interest
Washington ex Rel. Seattle Title Trust Co v. Roberge
Ordinance granted undue power to neighbors over use of property to expand adult home. Procedural Due Process violation
Lordship Park Assn. v. Board of Zoning Appeals
Relying on draft, un-adopted plan to make decision violates due process.
Welton v. Hamilton*
BZA without clear rules or guidelines on what should or should not be granted a variance is not a granted power of the state
Thomas Cusack Co. v. City of Chicago*
Chicago ordinance prohibits billboards unless majority of frontage property owners consent is ruled lawful
JONES v. CITY OF LOS ANGELES
California Court finds that Los Angeles ordinances criminalizing sleeping in public spaces as unconstitutional.
Austin v. Older
Gas station built on property day before property zoned Residential by city initiated zoning ordinance. 10 years later when property owner tries to remodel gas station, is denied permit because zoning doesn’t match use. Supreme Court found the denial constitutional even if the inability to expand causes loss of business
Severability Clause
If any portion of a law or ordinance is found unconstitutional, only that portion that is found unconstitutional may be removed.
Pumpelly v. Green Bay Co. (1871)
Wisconsin statute permits construction of dam that floods private property. SC rules that the flooding of adjacent lands is a taking and owners must be compensated.
Buchanan v. Warley (1917)*
Louisville had an ordinance that prohibited blacks from living on a block where the majority of residents were white. Since 8 of 10 houses were occupied by whites, Warley was not allowed to live on the block. SC ruled that state regulations cannot discriminate on race. Violation of equal protections clause (14th Amendment)
