Notes Flashcards
1
Q
What is the primary objective of Unit 1?
A
To put the advent of zoning in the United States into historical context
2
Q
What role does nuisance law play in relation to modern zoning law?
A
It serves as a predecessor to modern zoning law and as a form of private land use law
3
Q
What is the difference between an as-applied and facial challenge to a zoning ordinance?
A
An as-applied challenge examines the ordinance’s application in a specific case, while a facial challenge questions the ordinance’s validity in all cases
4
Q
What was significant about the 1916 NYC zoning ordinances?
A
It was the first comprehensive zoning ordinance in the U.S.
5
Q
What case approved comprehensive zoning in the U.S.?
A
Euclid v Ambler Realty (1926)
6
Q
What does public nuisance interfere with?
A
Public rights or affects a significant number of people
7
Q
What is private nuisance?
A
Interference with private rights affecting a particular individual or group
8
Q
Define nuisance per se.
A
A violation of a statute, ordinance, or regulation
9
Q
What is nuisance in fact?
A
Established by balancing tests or reasonableness analysis
10
Q
What does police power enable governments to do?
A
Enact and enforce laws to protect the health, safety, and welfare of a community
11
Q
What is the legal basis for police power?
A
The 10th Amendment reserves power to the states
12
Q
What did the court rule in Hadacheck v. Sebastian (1915)?
A
The ordinance prohibiting brick manufacturing was a valid exercise of police power
13
Q
What is the general remedy for nuisances?
A
Injunctive relief or damages
14
Q
What exception did the Boomer case establish regarding nuisance remedies?
A
Courts may balance equities and award permanent damages instead of an injunction
15
Q
What is the significance of the case Boomer v. Atlantic Cement Co.?
A
It established that substantial economic harm could justify awarding permanent damages over an injunction
16
Q
What role did right to farm laws play in Shore v. Maple Ln Farms?
A
They influenced the ruling regarding private nuisance claims arising from agricultural operations
17
Q
What does comprehensive zoning involve?
A
Division of an entire municipality into zones with specified land uses and rules per zone
18
Q
What is a public nuisance?
A
An act that significantly interferes with the public’s health, safety, comfort, or convenience
19
Q
What is the distinction between nuisance per se and nuisance in fact?
A
Nuisance per se requires no balancing, while nuisance in fact requires a balancing or subjective test
20
Q
Fill in the blank: _______ is a non-trespassory invasion of another’s interest in the private use and enjoyment of their land.
A
Private nuisance
21
Q
In what case did the court recognize access to sunlight for solar energy as a legitimate property interest?
A
Prah v. Maretti (1982)
22
Q
What did Burch v. NedPower Mount Storm LLC establish regarding government-approved projects?
A
Government approval does not immunize projects from nuisance claims
23
Q
What did Hadacheck v. Sebastian contribute to modern nuisance law?
A
It established that government land use regulations do not constitute a taking if they serve a legitimate public purpose
24
Q
What act did the government promulgate to enable state zoning?
A
Standard State Zoning Enabling Act (SZEA)
25
Which Supreme Court case in 1926 addressed zoning regulations?
Euclid v Ambler Realty
26
Which Supreme Court case in 1928 involved zoning and due process?
Nectow v City of Cambridge
27
What types of land uses could cities prohibit before Euclid?
Various land uses deemed nuisances or undesirable
28
What was established in Hadacheck v. Sebastian (1915) regarding police power?
Police power is essential and least limitable.
29
What did the Court rule in Rienman v. Little Rock (1915) regarding business regulation?
## Footnote
In Village of Euclid v. Ambler Realty Co. (1926), the U.S. Supreme Court upheld the constitutionality of zoning ordinances, ruling that municipalities could regulate land use to promote public welfare, even if such regulations might reduce property values. In Village of Belle Terre v. Boraas (1974), the Court affirmed a local ordinance restricting land occupancy to single-family units, defined as individuals related by blood, adoption, or marriage, thereby excluding groups of unrelated individuals from living together. These cases collectively establish that, under rational basis scrutiny, zoning laws are generally upheld if they are reasonably related to legitimate governmental objectives, such as promoting public welfare or preserving community character.
Business was not a nuisance per se but could be regulated under police power.
30
What was the outcome of Miller v. Schoene (1928)?
State-ordered destruction of infected cedar trees upheld.
31
Define zoning.
Territorial division of land into use districts based on character, suitability, and uniformity.
32
What is the purpose of zoning?
To cluster compatible land uses and separate nuisances from residential areas.
33
What are the classifications of Euclid zoning?
* U-1: Single-family residential
* U-2: U-1 plus duplexes
* U-3: U-2 plus apartments
* U-4: U-3 plus office & commercial
* U-5: U-4 plus warehouses and some manufacturing
* U-6: U-5 plus all other industries
34
What percentage of land in Euclid was designated for industrial use?
60% (41 acres)
35
What was the plaintiff's claim against the Euclid Zoning Ordinance?
Deprivation of property without due process.
36
What was the city's defense in the Euclid case?
Zoning was a form of nuisance control.
37
What did the District Court hold regarding the Euclid ordinance?
It was an improper use of municipal police power and unconstitutional.
38
How did the Court describe apartments in relation to residential neighborhoods?
Described as 'mere parasites' approaching being nuisances.
39
What did the Euclid opinion emphasize about urbanization?
It led to increasing land use conflicts requiring restrictions.
40
What is the test for a facial substantive due process challenge of a zoning ordinance?
Is it arbitrary or irrational with no substantial relation to public health, morals, safety, or welfare?
41
What principle does legislative deference and presumption of validity involve?
Ordinances must be justified as an exercise of police power.
42
What is the burden of proof in zoning challenges according to Euclid?
The challenger has the burden of proof.
43
What was the significance of Nectow v. City of Cambridge (1928)?
Zoning was found to violate due process.
44
What type of challenge was involved in Nectow compared to Euclid?
Nectow involved an 'as-applied' challenge; Euclid involved a facial challenge.
45
What makes as-applied challenges easier to win?
They focus on individual harm and are more fact-specific.
46
What impact did Euclid have on comprehensive zoning?
* Established constitutionality of comprehensive zoning
* Justified zoning even when restricting non-nuisance uses
* Zoning ordinances presumed constitutional
47
What did post-Nectow developments recognize?
Aesthetics, environmental protection, and historical preservation as valid police power exercises.
48
What are the five primary regulatory mechanisms in land use?
* As-of-Right Uses
* Nonconforming Uses
* Variances
* Special Use Permits
* Rezoning Requests
49
What is the role of the Planning Commission in Oregon?
An advisory body on land use policy.
50
What is a comprehensive plan?
A long-term policy document guiding land use and development.
51
What is the distinction between planning and zoning?
* Planning: Long-term vision, guideline
* Zoning: Legislative exercise of police power
52
What is the legal consequence of zoning without a valid comprehensive plan?
May lead to challenges and invalidation of zoning decisions.
53
What is the significance of the Vested Rights Doctrine?
Protects property owners from sudden regulatory changes under existing permits.
54
What are the types of land use decisions in Oregon?
* Legislative Actions
* Quasi-Judicial Actions
* Ministerial Actions
55
What is the purpose of zoning regulations?
Define permitted land uses, density, and building standards.
56
What does the term 'facially-neutral racial zoning' refer to?
Zoning practices that appear neutral but discriminate based on race.
57
When did Baltimore pass its first Jim Crow zoning ordinance?
1910
58
What was the impact of express racial zoning in the American West?
Established oppressive zoning practices targeting racial minorities.
59
What did local governments in the American West pass in the 1860s?
Express and facially race-neutral Chinese exclusion ordinances
## Footnote
These ordinances aimed to exclude Chinese residents from certain areas.
60
What was the significance of the 1910 Baltimore ordinance?
It was the first Jim Crow zoning ordinance
## Footnote
This marked the beginning of formal racial zoning practices in the U.S.
61
Which cities passed racial segregation ordinances before 1917?
* Asheville
* Atlanta
* Baltimore
* Birmingham
* Dallas
* Madisonville
* Mooresville
* Norfolk
* Richmond
* Roanoke
* St. Louis
* Winston-Salem
## Footnote
These cities implemented ordinances to enforce racial segregation.
62
What did the U.S. District Court for California rule in 1917?
It invalidated racial zoning and exclusion ordinances as violations of the Equal Protection Clause
## Footnote
This was a pivotal legal decision against discriminatory zoning practices.
63
What was the ruling of the U.S. Supreme Court regarding racially discriminatory intent?
Evidence of racially discriminatory intent is not relevant to the validity of facially-neutral local legislative actions
## Footnote
This was established in Soon Hing v. Crowley and Barbier v. Connolly.
64
What cannot be the only basis for depriving a person of a legal right according to Yick Wo v. Hopkins?
Racial animosity
## Footnote
This case emphasized the importance of equal protection under the law.
65
What was the original purpose of zoning law?
* Organize urban development
* Protect land values
* Achieve social objectives
## Footnote
Zoning laws were initially designed for these broader purposes.
66
How did early zoning laws influence racial objectives?
They aimed to stabilize and increase property values in white areas by excluding Black people, Indigenous people, Chinese people, recent immigrants, religious minorities, and impoverished whites
## Footnote
This shows the intertwining of zoning laws with racial discrimination.
67
What role did the Supreme Court play in racially discriminatory laws?
Enabled the use of facially neutral regulations to achieve discriminatory goals
## Footnote
This was particularly evident in the late 19th and early 20th centuries.
68
What is Rational Basis Scrutiny?
A legal test where any connection to public welfare is easy to meet
## Footnote
This standard allows for broader governmental actions with less scrutiny.
In Village of Euclid v. Ambler Realty Co. (1926), the U.S. Supreme Court upheld the constitutionality of zoning ordinances, ruling that municipalities could regulate land use to promote public welfare, even if such regulations might reduce property values.
In Village of Belle Terre v. Boraas (1974), the Court affirmed a local ordinance restricting land occupancy to single-family units, defined as individuals related by blood, adoption, or marriage, thereby excluding groups of unrelated individuals from living together.
These cases collectively establish that, under rational basis scrutiny, zoning laws are generally upheld if they are reasonably related to legitimate governmental objectives, such as promoting public welfare or preserving community character.
69
What is Strict Scrutiny?
Applied only in cases of explicit racial classification
## Footnote
This is a higher standard of judicial review for laws that classify by race.
70
What was the focus of late-19th century racial segregation ordinances?
Targeting Chinese residents through zoning laws
## Footnote
These laws often aimed to exclude Chinese individuals from specific areas.
71
What did San Francisco’s Bingham Ordinance (1890) prohibit?
Chinese residents and businesses from living or operating outside a designated district
## Footnote
This ordinance would have displaced around 20,000 Chinese residents.
72
What was the outcome of In re Lee Sing (1890)?
The Bingham Ordinance was declared ultra vires, criticizing its blatant racial motivations
## Footnote
This case highlighted the legal challenges against racially discriminatory ordinances.
73
What shift occurred after direct exclusion laws failed?
Cities adopted ostensibly neutral regulations targeting laundries
## Footnote
This was a strategy to circumvent explicit racial exclusion.
74
What was upheld in Barbier v. Connolly and Soon Hing v. Crowley?
San Francisco ordinances banning nighttime operation of laundries as legitimate public safety measures
## Footnote
The court dismissed claims that these laws specifically targeted Chinese nationals.
75
What did Yick Wo v. Hopkins (1886) challenge?
A permit ordinance that disproportionately shut down 200 Chinese laundries
## Footnote
This case reinforced the idea that facial neutrality does not excuse racial bias.
76
What justifications were provided for racial zoning ordinances between 1910 and 1916?
* Preventing racial conflicts
* Maintaining racial purity
* Preserving property values in white areas
## Footnote
These justifications were often used to rationalize segregationist practices.
77
What was the purpose of reciprocal prohibitions in zoning?
To avoid Equal Protection challenges by applying segregation restrictions equally to both races
## Footnote
This was evident in the context of Plessy v. Ferguson.
78
What did the Supreme Court rule in Buchanan v. Warley (1917)?
The ordinance violated the Fourteenth Amendment
## Footnote
This case marked a significant victory against racial zoning.
79
What are the implications of the Buchanan v. Warley decision?
* Direct racial zoning ordinances invalidated
* Alternative segregation methods persisted through restrictive covenants and redlining
## Footnote
The ruling led to changes in how segregation was implemented.
80
What are some broader implications of racial zoning?
* Facially neutral policies used for segregation
* Racial discrimination in property law
* Judicial precedents established
## Footnote
These implications highlight the ongoing effects of zoning laws on racial segregation.
81
What is a comprehensive plan in zoning?
A document providing long-term guidance for an area
## Footnote
It serves as a foundation for zoning ordinances.
82
What is the role of a zoning ordinance?
It is the legal tool to implement the comprehensive plan
## Footnote
Zoning ordinances establish specific regulations for land use.
83
What are as-of-right uses in zoning?
Land uses permitted in a zoning district without special approval
## Footnote
These uses typically require only the submission of construction drawings for permits.
84
What is the difference between rezoning and spot zoning?
Rezoning is a broader change, while spot zoning refers to a change that only affects a small area or specific property
## Footnote
Spot zoning can be challenged as illegal if it does not align with comprehensive plans.
85
What is illegal spot zoning?
A zoning change that does not have a reasonable relationship to the comprehensive plan or public welfare
## Footnote
This can lead to legal challenges against the zoning authority.
86
What did the case of Bartram v. Zoning Commission (1949) focus on?
The relationship between rezoning and the comprehensive plan
## Footnote
It assessed whether a zoning change was consistent with established policies.
87
What was the outcome of Osiecki v. Town of Huntington (1991)?
The court evaluated whether the zoning was consistent with the comprehensive plan
## Footnote
This case emphasized the importance of alignment with planning documents.
88
What was the central issue in Church v. Town of Islip (1991)?
Whether the rezoning constituted illegal spot zoning or illegal contract zoning
## Footnote
The court ruled that conditions did not transform the rezoning into illegal contract zoning.
89
What did Giger v. City of Omaha (1989) determine regarding rezoning?
It found that conditions in the development agreement served the public interest and were not contract zoning
## Footnote
This case provided clarity on the nature of conditional zoning.
90
What potential challenges to rezoning may arise from inconsistencies with the comprehensive plan?
* Spot zoning
* Contract zoning allegations
* Lack of reasonable relationship to public welfare
## Footnote
These challenges can lead to judicial scrutiny of zoning decisions.
91
What were the primary land use controls in the 19th century before zoning?
Before zoning, land use was controlled primarily through nuisance law, restrictive covenants, special-purpose local laws, and building codes.
92
How did nuisance law influence early land use regulation?
Nuisance law influenced early land use regulation by allowing courts to address conflicts between property owners based on what constituted an unreasonable interference with property rights.
93
What are restrictive covenants, and how do they function in land use control?
Restrictive covenants are private agreements between landowners that impose limitations on land use and run with the land, often used to maintain property values.
94
What is the difference between special purpose local laws and comprehensive zoning?
Special purpose local laws regulate specific land uses or industries, while comprehensive zoning establishes a structured division of land use across an entire jurisdiction.
95
Why was the adoption of building codes significant in early land use control?
Building codes were significant because they established safety, sanitation, and structural requirements, which set the foundation for modern zoning laws.
96
How did First Peoples regulate land use before European colonization?
First Peoples regulated land use based on tribal traditions, resource management, and communal decision-making.
97
What was the purpose of the 1916 NYC Zoning Ordinance?
The 1916 NYC Zoning Ordinance was the first comprehensive zoning law in the U.S., dividing the city into zones with specific land use regulations.
98
How did the Euclid v. Ambler Realty decision impact zoning nationwide?
The Euclid v. Ambler Realty decision upheld comprehensive zoning as a valid exercise of police power, enabling widespread adoption across the U.S.
99
What role did the U.S. Department of Commerce play in zoning adoption in the 1920s?
The U.S. Department of Commerce published the Standard City Planning and State Zoning Enabling Acts, providing a model framework for municipalities to adopt zoning.
100
What are the Standard City Planning and Zoning Enabling Acts?
The Standard City Planning and State Zoning Enabling Acts guided cities in adopting zoning regulations by ensuring legal consistency and planning principles.
101
What is the difference between public nuisance and private nuisance?
Public nuisance affects a large number of people or the general public, whereas private nuisance interferes with an individual's enjoyment of their property.
102
How does a nuisance per se differ from a nuisance in fact?
Nuisance per se is an act deemed a nuisance by law, requiring no further proof, while nuisance in fact requires a case-by-case assessment of its impact.
103
What factors are considered in determining whether an action constitutes a private nuisance?
A private nuisance is determined by balancing the harm to the plaintiff against the benefits of the defendant's land use, as well as the reasonableness of the activity.
104
What are common examples of public nuisances?
Common public nuisances include pollution, excessive noise, obstructions of public roads, and activities that endanger public health.
105
What are the key components of a comprehensive zoning ordinance?
Comprehensive zoning ordinances define land use categories, specify regulations for each zone, and include provisions for variances and nonconforming uses.
106
What is the purpose of zoning districts, and how do they function?
Zoning districts are designated areas within a municipality that regulate land use, such as residential, commercial, and industrial zones.
107
How do zoning ordinances regulate land use beyond just land use categories?
Beyond land use categories, zoning ordinances regulate aspects such as building heights, lot coverage, parking, and aesthetic design requirements.
108
What is police power, and how does it relate to zoning?
Police power refers to the authority of governments to enact laws that protect public health, safety, and welfare, including zoning regulations.
109
How does the 10th Amendment support state and local land use control?
The 10th Amendment reserves powers to the states, which allows them to regulate land use through zoning and other legal mechanisms.
110
What role do state enabling acts play in zoning authority?
State enabling acts delegate zoning authority to local governments, allowing them to create and enforce zoning regulations within their jurisdictions.
111
How do zoning laws balance property rights with public interest?
Zoning laws balance property rights and public interest by regulating land use to prevent conflicts while ensuring orderly growth and development.
112
What are the main differences between Euclidean, performance-based, and form-based zoning?
Euclidean zoning separates land uses into districts, performance-based zoning sets criteria for environmental and operational impacts, and form-based zoning focuses on urban design and aesthetics.
113
How does the concept of nonconforming uses apply in zoning regulations?
Nonconforming uses refer to properties that existed before a zoning change and do not comply with new regulations but are often allowed to continue operating.
114
How was racial zoning used to enforce segregation in early U.S. cities?
Racial zoning was used to enforce segregation by restricting where people of different races could live, often through explicit legal ordinances.
115
What zoning practices replaced explicit racial zoning after it was ruled unconstitutional?
After racial zoning was ruled unconstitutional, cities used single-family zoning, redlining, and racially restrictive covenants to maintain segregation.
116
How has single-family zoning contributed to racial and economic segregation?
Single-family zoning has contributed to segregation by limiting affordable housing options and making it harder for lower-income and minority populations to access certain neighborhoods.
117
What is environmental justice, and how does it relate to modern zoning policies?
Environmental justice ensures that zoning laws do not disproportionately harm marginalized communities through exposure to pollution, lack of green spaces, or poor infrastructure.
118
What are the primary steps in adopting a comprehensive zoning plan?
Adopting a comprehensive zoning plan involves public hearings, drafting regulations, legislative approval, and ensuring consistency with long-term urban planning goals.
119
How do local governments amend zoning ordinances?
Local governments amend zoning ordinances through legislative action, public input, and consistency reviews with the comprehensive plan.
120
What are the differences between variances, special use permits, and rezoning?
Variances provide flexibility in zoning enforcement, special use permits allow specific exceptions, and rezoning changes the legal use designation of a property.
121
How do zoning ordinances regulate building height, setbacks, and lot coverage?
Zoning ordinances regulate building height, setbacks, lot coverage, and other design elements to maintain a cohesive urban environment.
122
Why is a comprehensive plan important for zoning decisions?
A comprehensive plan is essential for zoning decisions as it provides a long-term framework for land use and development policies.
123
How does a comprehensive plan guide zoning regulations?
A comprehensive plan guides zoning by establishing land use goals, identifying growth patterns, and ensuring zoning ordinances align with broader policy objectives.
124
What are the key elements included in a comprehensive plan?
Key elements of a comprehensive plan include land use designations, transportation planning, housing strategies, and environmental sustainability goals.
125
What are some of the most common legal challenges to zoning ordinances?
Common zoning challenges include spot zoning, exclusionary zoning, regulatory takings claims, and disputes over nonconforming uses.
126
How do zoning laws impact affordable housing availability?
Zoning laws impact affordable housing by restricting density, increasing development costs, and limiting the supply of multi-family housing.
127
What are some modern approaches to making zoning laws more equitable?
Modern approaches to equitable zoning include inclusionary zoning, upzoning for higher density, and policies that prioritize mixed-income developments.
128
What are the main purposes of zoning regulations?
The main purposes of zoning regulations include organizing land use, protecting property values, ensuring public health and safety, and managing urban growth.
129
What legal tools were used to regulate land use before modern zoning?
Before modern zoning, land use was regulated through nuisance law, restrictive covenants, building codes, and special-purpose laws targeting specific industries.
130
How does zoning differ from nuisance law in regulating land use?
Zoning proactively regulates land use through planning and ordinances, whereas nuisance law reacts to conflicts between landowners based on complaints and legal actions.
131
What is the difference between comprehensive zoning and special-purpose zoning?
Comprehensive zoning regulates an entire jurisdiction, while special-purpose zoning targets specific areas or uses, such as historic preservation districts or industrial zones.
132
Why are zoning districts used in land use planning?
Zoning districts categorize land into different areas, such as residential, commercial, and industrial, to manage compatible land uses and reduce conflicts.
133
How does exclusionary zoning contribute to housing inequality?
Exclusionary zoning, such as single-family zoning and density restrictions, limits affordable housing options and disproportionately affects lower-income and minority communities.
134
What role does zoning play in environmental justice?
Zoning plays a role in environmental justice by determining where industrial facilities, hazardous waste sites, and polluting activities are located, often impacting marginalized communities disproportionately.
135
How do zoning laws impact the availability of affordable housing?
Zoning laws can restrict high-density development, impose costly requirements, and limit where affordable housing can be built, reducing housing accessibility.
136
Why is public participation important in zoning decisions?
Public participation ensures that zoning decisions reflect community needs, provide transparency, and allow for input from residents affected by land use policies.
137
What are the key steps in adopting or amending a zoning ordinance?
Adopting or amending a zoning ordinance involves drafting the proposal, conducting public hearings, obtaining approval from legislative bodies, and ensuring consistency with comprehensive planning.
138
What are some common legal and social challenges to zoning laws?
Legal challenges to zoning laws can arise from claims of unconstitutional takings, exclusionary zoning, spot zoning, and conflicts with comprehensive plans.
139
How do comprehensive plans influence zoning decisions?
Comprehensive plans guide zoning decisions by setting long-term goals for land use, infrastructure, and development policies, ensuring zoning aligns with broader planning objectives.
140
How does zoning contribute to urban sprawl?
Zoning contributes to urban sprawl by encouraging low-density development, requiring large lot sizes, and restricting mixed-use developments, leading to car-dependent communities.
141
How can zoning laws promote sustainability and climate resilience?
Zoning laws can promote sustainability and climate resilience by incorporating green building standards, incentivizing renewable energy, preserving open space, and supporting transit-oriented development.
142
What legal standards apply when challenging a zoning ordinance?
Legal standards for zoning challenges include substantive due process, equal protection, takings clause claims, and compliance with state zoning enabling laws.
