Law Cases Flashcards
Welch v. Swasey (1909)
- zoning case
- building heights proper use of police power
- 14th amendment
Eubank v. Richmond (1912)
- zoning case
- ordinance that regulated buildings is a proper use of police power
Hadacheck v. Sebastian (1915)
- zoning case
- brickyard restrictions/regulation of location of land use did not violate 14th amendment
Euclid v. Amber (1926)
- zoning case
- upheld modern zoning as a proper use of police power
Nectow v. Cambride (1928)
- zoning case
- created “rational basis test”; ordinance had to have valid public purpose
Golden v. Planning Board of Ramapo (1970)
- growth management case
- growth mgmt law favored development near existing infrastructure
Const. Industry of Sonoma v. Petaluma (1975)
- growth management case
- quotas on annual # of building permits
Assoc. Home Builders v. Livermore (1976)
- growth management case
- upheld a moratorium on building permits
Brandt Revocable Trust v. US (2013)
- challenge to federal act
- when land w/ easement is abandoned, easement diappears
Massachusetts v. EPA (2006)
- challenge to federal act
- EPA must provide justif. why it doesn’t regulate GHGs
Rapanos v. USA (2006)
- challenge to federal act
- Army Corps of Engineers determines if there is nexus between wetland and waterway
SD Warren v. Maine EPA (2006)
- challenge to federal act
- found that hydroelectric dams subject to Clean Water Act
TX Dept of Housing v. Inclusive Communities (2015)
- challenge to federal act
- disparate impacts appropriate for Fair Housing Act
Young v. American Mini Theatres (1976)
- 1st Amendment
- zoning to decentralize porn theatres OK
Metromedia v. San Diego (1981)
- 1st amendment
- not OK to treat diff. commercial v. non-commercial speech
City Council v. Taxpayers for Vincent (1984)
- 1st amendment
- ban on signs on utility poles OK, if doesn’t regulate content
Renton v. Playtime Theatres (1986)
- 1st amendment case
- zoning ordinance limiting adult businesses to one area
Religious Persons + Institutionalized Persons Act of 200
- 1st amendment law
- no burdens on religious assembly
Reed v. Gilbert AZ (2014)
- 1st amendment case
- not OK to put more regs on signs for public meetings
US v. Gettysburg Electric Railway (1896)
- 5th amendment case
- historic preservation OK, not taking
Pennsylvania Coal v. Mahon (1922)
- 5th amendment case
- if regulation goes too far, it is a taking
Berman v. Parker (1954)
- 5th amendment
- aesthetics & urban renewal is valid public purpose
Fred French Investing v. City of NY (1976)
- 5th amendment case
- City park on private land not OK
Penn Central v. NYC
- 5th amendment case
- preservation laws not a taking
Agins v. Tiburon (1980)
- 5th amendment case
- zoning at low density OK, not taking
Loretto v. Teleprompter Manhattan CATV (1982)
- 5th amendment case
- govt installed cables a taking
1st Evangelical of Glendale v. County of LA (1987)
- 5th amendment
- if property is unusable, it is taking
Keystone Bituminous Coal v. Benedicts (1987)
- 5th amendment
- regulation prohibitng coal mining under structures OK
FCC v. Florida Power Corp (1987)
- 5th amendment
- FCC regulating rents for poles not taking
Nollan v. California Coastal Commision (1987)
- 5th amendment
- maintaining access to beach OK, but must compensate owner
Lucas v. South Carolina Coast Council (1992)
- 5th amendment
- if total reduction in value after ordinance, there is taking
Dolan v. Tigard (1994)
- 5th amendment
- “rough proportionality” test created
Suitim v. Tahoe (1997)
- 5th amendment case
- don’t need to attempt to sell before suing for taking
City of Monterey v. Del Monte Dunes (1999)
- 5th amendment case
- repeated denial of in-conformance development is a taking
Palazzolo v. Rhode Island (2001)
- 5th amendment case
- getting title after reg. date doesn’t bar from taking claim
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002)
- 5th amendment case
- moratorium while comp. plan was underway is not taking
Lingle v. Chevron
- 5th amendment case
- overturned portion of Agins v. Tiburon; taking challenge had to be based on severity of burden
City of Rancho PV v. Abrams (2005)
- 5th amendment case
- denied antenna is not taking
Kelo v. City of New London (2005)
- 5th amendment case
- economic development is valid use of eminent domain
Stop the Beach v. Florida EPA (2009)
- 5th amendment case
- submerged lands filled in not a taking
Koontz v. St. John’s River Water (2012)
- 5th amendment case
- making owner agree to dedicate land for public not OK
Munn v. Illinois (1876)
- 14th amendment case
- state law regulating pricing not constitute taking/violation of due process
Village of Belle Terre v. Boarass (1974)
- 14th amendment
- law prohibiting >2 unmarried ppl in house
- police power to people’s lifestyles
Village of Arlington Heights v. Metro Housing (1977)
- 14th amendment
- racial discrimination & zoning
Southern Burlington NAACP v. Mt Laurel (1975)
- 14th amendment
- town had to open itself to all housing types
Boerne v. Flores (1997)
- 14th amendment
- challenged Religious freedom restoration act
