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AICP > Law Cases > Flashcards

Law Cases Flashcards

1
Q

Welch v. Swasey (1909)

A
  • zoning case
  • building heights proper use of police power
  • 14th amendment
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2
Q

Eubank v. Richmond (1912)

A
  • zoning case

- ordinance that regulated buildings is a proper use of police power

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3
Q

Hadacheck v. Sebastian (1915)

A
  • zoning case

- brickyard restrictions/regulation of location of land use did not violate 14th amendment

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4
Q

Euclid v. Amber (1926)

A
  • zoning case

- upheld modern zoning as a proper use of police power

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5
Q

Nectow v. Cambride (1928)

A
  • zoning case

- created “rational basis test”; ordinance had to have valid public purpose

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6
Q

Golden v. Planning Board of Ramapo (1970)

A
  • growth management case

- growth mgmt law favored development near existing infrastructure

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7
Q

Const. Industry of Sonoma v. Petaluma (1975)

A
  • growth management case

- quotas on annual # of building permits

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8
Q

Assoc. Home Builders v. Livermore (1976)

A
  • growth management case

- upheld a moratorium on building permits

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9
Q

Brandt Revocable Trust v. US (2013)

A
  • challenge to federal act

- when land w/ easement is abandoned, easement diappears

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10
Q

Massachusetts v. EPA (2006)

A
  • challenge to federal act

- EPA must provide justif. why it doesn’t regulate GHGs

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11
Q

Rapanos v. USA (2006)

A
  • challenge to federal act

- Army Corps of Engineers determines if there is nexus between wetland and waterway

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12
Q

SD Warren v. Maine EPA (2006)

A
  • challenge to federal act

- found that hydroelectric dams subject to Clean Water Act

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13
Q

TX Dept of Housing v. Inclusive Communities (2015)

A
  • challenge to federal act

- disparate impacts appropriate for Fair Housing Act

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14
Q

Young v. American Mini Theatres (1976)

A
  • 1st Amendment

- zoning to decentralize porn theatres OK

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15
Q

Metromedia v. San Diego (1981)

A
  • 1st amendment

- not OK to treat diff. commercial v. non-commercial speech

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16
Q

City Council v. Taxpayers for Vincent (1984)

A
  • 1st amendment

- ban on signs on utility poles OK, if doesn’t regulate content

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17
Q

Renton v. Playtime Theatres (1986)

A
  • 1st amendment case

- zoning ordinance limiting adult businesses to one area

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18
Q

Religious Persons + Institutionalized Persons Act of 200

A
  • 1st amendment law

- no burdens on religious assembly

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19
Q

Reed v. Gilbert AZ (2014)

A
  • 1st amendment case

- not OK to put more regs on signs for public meetings

20
Q

US v. Gettysburg Electric Railway (1896)

A
  • 5th amendment case

- historic preservation OK, not taking

21
Q

Pennsylvania Coal v. Mahon (1922)

A
  • 5th amendment case

- if regulation goes too far, it is a taking

22
Q

Berman v. Parker (1954)

A
  • 5th amendment

- aesthetics & urban renewal is valid public purpose

23
Q

Fred French Investing v. City of NY (1976)

A
  • 5th amendment case

- City park on private land not OK

24
Q

Penn Central v. NYC

A
  • 5th amendment case

- preservation laws not a taking

25
Q

Agins v. Tiburon (1980)

A
  • 5th amendment case

- zoning at low density OK, not taking

26
Q

Loretto v. Teleprompter Manhattan CATV (1982)

A
  • 5th amendment case

- govt installed cables a taking

27
Q

1st Evangelical of Glendale v. County of LA (1987)

A
  • 5th amendment

- if property is unusable, it is taking

28
Q

Keystone Bituminous Coal v. Benedicts (1987)

A
  • 5th amendment

- regulation prohibitng coal mining under structures OK

29
Q

FCC v. Florida Power Corp (1987)

A
  • 5th amendment

- FCC regulating rents for poles not taking

30
Q

Nollan v. California Coastal Commision (1987)

A
  • 5th amendment

- maintaining access to beach OK, but must compensate owner

31
Q

Lucas v. South Carolina Coast Council (1992)

A
  • 5th amendment

- if total reduction in value after ordinance, there is taking

32
Q

Dolan v. Tigard (1994)

A
  • 5th amendment

- “rough proportionality” test created

33
Q

Suitim v. Tahoe (1997)

A
  • 5th amendment case

- don’t need to attempt to sell before suing for taking

34
Q

City of Monterey v. Del Monte Dunes (1999)

A
  • 5th amendment case

- repeated denial of in-conformance development is a taking

35
Q

Palazzolo v. Rhode Island (2001)

A
  • 5th amendment case

- getting title after reg. date doesn’t bar from taking claim

36
Q

Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002)

A
  • 5th amendment case

- moratorium while comp. plan was underway is not taking

37
Q

Lingle v. Chevron

A
  • 5th amendment case

- overturned portion of Agins v. Tiburon; taking challenge had to be based on severity of burden

38
Q

City of Rancho PV v. Abrams (2005)

A
  • 5th amendment case

- denied antenna is not taking

39
Q

Kelo v. City of New London (2005)

A
  • 5th amendment case

- economic development is valid use of eminent domain

40
Q

Stop the Beach v. Florida EPA (2009)

A
  • 5th amendment case

- submerged lands filled in not a taking

41
Q

Koontz v. St. John’s River Water (2012)

A
  • 5th amendment case

- making owner agree to dedicate land for public not OK

42
Q

Munn v. Illinois (1876)

A
  • 14th amendment case

- state law regulating pricing not constitute taking/violation of due process

43
Q

Village of Belle Terre v. Boarass (1974)

A
  • 14th amendment
  • law prohibiting >2 unmarried ppl in house
  • police power to people’s lifestyles
44
Q

Village of Arlington Heights v. Metro Housing (1977)

A
  • 14th amendment

- racial discrimination & zoning

45
Q

Southern Burlington NAACP v. Mt Laurel (1975)

A
  • 14th amendment

- town had to open itself to all housing types

46
Q

Boerne v. Flores (1997)

A
  • 14th amendment

- challenged Religious freedom restoration act

AICP (1 decks)

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