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Fundamental Planning Knowledge > Legal Principles and Statutory Basis of Planning: Amendments > Flashcards

Legal Principles and Statutory Basis of Planning: Amendments Flashcards

Amendments-related law

1
Q

Amendment associated with Freedom of Speech, Freedom of Religion, and Freedom of Association

A

1st Amendment

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2
Q

Amendment associated with just compensation for takings

A

5th Amendment

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3
Q

Amendment associated with due process, substantive due process, procedural due process, and equal protection

A

14th Amendment

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4
Q

What planning cases are applied to the 1st Amendment’s Freedom of Speech?

A

adult uses and signs

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5
Q

What planning cases are applied to the 1st Amendment’s Freedom of Religion?

A

religious facilities

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6
Q

What planning cases are applied to the 1st Amendment’s Freedom of association?

A

group homes

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7
Q

What planning cases are applied to the 5th Amendment?

A

takings
eminent domain

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8
Q

What planning cases are applied to the 14th Amendment?

A

due process of takings, eminent domain, and exactions

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9
Q

What are exactions?

A

a condition for development imposed on a parcel of land

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10
Q

What is the 14th Amendment’s Substantive due process about?

A

validity of the rule itself, often related to aesthetics

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11
Q

What is the 14th Amendment’s Procedural due process about?

A

whether rules are applied fairly, often how an ordinance was applied

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12
Q

___________ is often applied to exclusionary zoning

A

equal protection

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13
Q

Taking of property without just compensation is a violation of which Amendments?

A

5th and 14th

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14
Q

The Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit.

A

Young v. American Mini Theaters, Inc.; U.S. Supreme Court (1976)
1st Amendment

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15
Q

No different treatment for commercial vs. noncommercial speech; the government can regulate signs for aesthetics but not based on content.
What is the case and amendment?

A

Metromedia, Inc. v. City of San Diego; U.S. Supreme Court (1981)
1st Amendment

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16
Q

Sign regulations are allowed if based on aesthetics, not content, even if content-based regulations can promote legitimate interests.
What is the case and amendment?

A

Members of City Council v. Taxpayers for Vincent; U.S. Supreme Court (1984)
1st Amendment

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17
Q

Zoning restrictions on adult entertainment are permissible as long as not based on content and there’s some availability for such businesses.
What is the case and amendment?

A

City of Renton v. Playtime Theatres, Inc.; U.S. Supreme Court (1986)
1st Amendment

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18
Q

Protects religious institutions from substantial burdens unless justified by compelling interest and least restrictive means.
What is the case and amendment?

A

Religious Land Use and Institutionalized Persons Act of 2000
1st Amendment

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19
Q

Sign regulations cannot discriminate against signs directing to religious meetings compared to other messages.
What is the case and amendment?

A

Reed et al. v Town of Gilbert Arizona (2014)
1st Amendment

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20
Q

Government can regulate business prices when it affects the public good.
What case and Amendment?

A

Munn v. Illinois; U.S. Supreme Court (1876)
14th Amendment

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21
Q

Banning harmful property uses (e.g., alcohol) doesn’t violate due process.
What case and Amendment?

A

Mugler v. Kansas; US Supreme Court (1887)
14th Amendment

22
Q

What case and Amendment?

A

Village of Belle Terre v. Boaraas; US Supreme Court (1974)
14th Amendment

23
Q

Disparate impact alone isn’t enough to prove intentional discrimination in zoning decisions (effects matter, but intent matters more).
What case and Amendment?

A

Village of Arlington Heights v. Metropolitan Housing Development Corporation; US Supreme Court (1977)
14th Amendment

24
Q

Towns can’t use zoning to exclude specific income groups (zoning can’t discriminate by housing affordability).
What case and Amendment?

A

Southern Burlington County NAACP v. Township of Mount Laurel; New Jersey Supreme Court (1975)
14th Amendment

25
Q

Congress can’t overstep its power to fix local zoning issues through religious freedom laws (federal limits on zoning control).
What case and Amendment?

A

City of Boerne v. Flores; U.S. Supreme Court (1997)
14th Amendment

26
Q

Acquiring land for historic preservation is valid public use (first major historic preservation case).
What case and Amendment?

A

United States v. Gettysburg Electric Railway Company; U.S. Supreme Court (1896)
5th Amendment

27
Q

Regulations can be takings if they go too far (defines takings under 5th Amendment).
What case and Amendment?

A

Pennsylvania Coal Co. v. Mahon; U.S. Supreme Court (1922)
5th Amendment

28
Q

Aesthetics and urban renewal are valid public purposes.
What case and Amendment?

A

Berman v. Parker; U.S. Supreme Court (1954)
5th Amendment

29
Q

Regulation doesn’t constitute a taking based on economic impact, investment expectations, and character of action.
What case and Amendment?

A

Penn Central Transportation Co. v. The City of New York; U.S. Supreme Court (1978)
5th Amendment

30
Q

City can zone for low density without a taking.
What case and Amendment?

A

Agins v. City of Tiburon; U.S. Supreme Court (1980)
5th Amendment

31
Q

Cable company occupying property constitutes a compensable taking.
What case and Amendment?

A

Loretto v. Teleprompter Manhattan CATV Corporation; U.S. Supreme Court (1982)
5th Amendment

32
Q

Unusable property due to regulation entitles compensation.
What case and Amendment?

A

First English Evangelical Lutheran Church of Glendale v. County of Los Angeles; U.S. Supreme Court (1987)
5th Amendment

33
Q

Regulations to prevent subsidence damage don’t constitute a taking.
What case and Amendment?

A

Keystone Bituminous Coal Association v. DeBenedictis; U.S. Supreme Court (1987)
5th Amendment

34
Q

No taking from regulating utility pole rents for cable TV.
What case and Amendment?

A

FCC v. Florida Power Corporation; U.S. Supreme Court (1987)
5th Amendment

35
Q

Beach access requirement constitutes a taking without compensation.
What case and Amendment?

A

Nollan v. California Coastal Commission; U.S. Supreme Court (1987)
5th Amendment

36
Q

Total value reduction by regulation constitutes a taking (except nuisance-based regulations).
What case and Amendment?

A

Lucas v. South Carolina Coastal Council; U.S. Supreme Court (1992)
5th Amendment

37
Q

Exaction must have clear connection to development to avoid being a taking.
Introduced the “rough proportionality” test, a crucial concept in understanding when regulations might constitute a taking of private property.
What case and Amendment?

A

Dolan v. Tigard; U.S. Supreme Court (1994)
5th Amendment

38
Q

Property owner doesn’t need to sell development rights before claiming a taking.
What case and Amendment?

A

Suitum v. Tahoe Regional Planning Agency; U.S. Supreme Court (1997)
5th Amendment

39
Q

Repeated permit denials depriving owner of viable use constitute a taking.
What case and Amendment?

A

City of Monterey v. Del Monte Dunes at Monterey Ltd.; U.S. Supreme Court (1999)
5th Amendment

40
Q

Property acquisition after regulations doesn’t bar takings claims.
What case and Amendment?

A

Palazzolo v. Rhode Island; U.S. Supreme Court (2001)
5th Amendment

41
Q

Moratoriums on development during planning don’t constitute a taking.
What case and Amendment?

A

Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al.; U.S. Supreme Court (2002)
5th Amendment

42
Q

Takings clause challenges had to be based on the severity of the burden that the regulation imposed, not the effectiveness of the regulation in furthering the governmental interest.
What case and Amendment?

A

Lingle v. Chevron USA, Inc.; U.S. Supreme Court (2005)
5th Amendment

43
Q

Radio operator can’t get damages for permit denial due to Telecommunications Act.
What case and Amendment?

A

City of Rancho Palos Verdes v. Abrams; U.S. Supreme Court (2005)
5th Amendment

44
Q

Economic development through eminent domain taking for private use is valid.
What case and Amendment?

A

Kelo v. City of New London; US Supreme Court (2005)
5th Amendment

45
Q

Beach reclamation filling of submerged lands isn’t a taking.
What case and Amendment?

A

Stop the Beach Renourishment Inc v. Florida Department of Environmental Protection (2009)
5th Amendment

46
Q

Denying permit until agreeing to land dedication constitutes a taking.
What case and Amendment?

A

Koontz v. St. John’s River Water Management (2012)
5th Amendment

47
Q

NYC rezoning private park to public park without compensation was invalid as it deprived owner of all economic use while leaving bare title, raising due process concerns and exceeding police power limitations.
What case and Amendment?

A

Fred French Investing Co. v. City of New York; New York Court of Appeals (1976)
5th Amendment

48
Q

state police power comes from what Amendment?

A

10th Amendment

49
Q

_______________ applies in states where the rights of cities are only those that have been specifically authorized by the state.

A

Dillon’s Rule

50
Q

__________ states are those in which cities have the right to develop their own regulations, except where the state has specifically stated otherwise.

A

Home Rule

Fundamental Planning Knowledge (6 decks)

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