Legal Principles and Statutory Basis of Planning: Zoning, growth management, and Federal acts

Question 1

Before comprehensive zoning, regulation of land use was based on ___________.

Answer 1

nuisance laws

Question 2

nuisance laws

Answer 2

If this enjoyment is interrupted, for example through noise, pollution or odor, the affected party can claim a nuisance.

Question 3

Municipalities can regulate building height based on reasonable grounds, not violating due process or equal protection.

Answer 3

Welch v. Swasey

Question 4

Delegating building line authority to private citizens is invalid, but establishing them remains a valid use of police power.

Answer 4

Eubank v. City of Richmond

Question 5

Zoning ordinances regulating land use location are constitutional if they don’t violate due process or equal protection.
e.g., LA upheld prohibiting a brick kiln established in an annexed area

Answer 5

Hadacheck v. Sebastian

Question 6

Zoning based on community-perceived threats/nuisance to public welfare is constitutional, upholding modern zoning practices.

Answer 6

Village of Euclid v. Ambler Realty Co.

Question 7

Zoning ordinances without a valid public purpose (i.e., to promote the health, safety, morals, or welfare of the public) violate due process rights.

Answer 7

Nectow v. City of Cambridge

Question 8

Points-based system for development approval based on public facilities availability is valid.

Answer 8

Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals (1972)

Question 9

The Court upheld quotas on the annual number of building permits issued.

Answer 9

Construction Industry of Sonoma County v. City of Petaluma; U.S. Court of Appeals for the 4th Circuit (1975)

Question 10

The Court upheld temporary moratoriums on building permits.

Answer 10

Associated Home Builders of Greater East Bay v. City of Livermore; California Supreme Court (1976)

Question 11

Abandoned railroad easements revert to previous owners.

Answer 11

Brandt Revocable Trust v United States (2013)

Question 12

EPA must justify not regulating greenhouse gases.

Answer 12

Massachusetts v. EPA, Inc.; U.S. Supreme Court (2006)

Question 13

Army Corps must assess significant nexus between wetlands and waterways.

Answer 13

Rapanos v. United States; U.S. Supreme Court (2006)

Question 14

Hydroelectric dams are subject to Clean Water Act regulations.

Answer 14

SD Warren v. Maine Board of Environmental Protection; U.S. Supreme Court (2006)

Question 15

Supreme Court affirms use of “disparate impact” standard in Fair Housing Act, meaning policies with discriminatory outcomes, even without intent, are illegal.

Answer 15

Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.; US Supreme Court (2015)