Zoning and Growth Management Cases Flashcards

1
Q

Before comprehensive zoning, regulation of land use was based on which law?

A

The nuisance law

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2
Q
A
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3
Q

The nuisance law means that persons with real property are entitled to?

A

quiet enjoyment of their land

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4
Q

How can one claim a nuisance?

A

if enjoyment is interrupted by noise, pollution, odor.

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5
Q

Welch v. Swasey is instrumental in the right of municipalities to regulate what?

A

Building Heights

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6
Q

Building height discrimination is based on a reasonable ground and is a proper exercise of police power of the state and therefore does not violate which amendment?

A

14th amendment

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7
Q

Eubank v. City of Richmond, upheld that the states can exercise police powers to establish _____________?

A

building lines

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8
Q

In Hadacheck v Sebastain, the court approved the regulation of what?

A

The location of land uses.

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9
Q

Regulating the specific location of land uses does not violate which amendment?

A

14th amendment

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10
Q

In Village of Euclid v. Ambler Realty Co, the court found that a zoning ordinance should be upheld as long as the community believed what?

A

There was a threat of a nuisance

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11
Q

Village of Euclid v. Ambler Realty was the key court case in which the court upheld what?

A

Zoning as a proper use of police power

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12
Q

In Nectow v. City of Cambridge, the court used a ___________________ to strike down a zoning ordinance because it had no valid public purpose.

A

rational basis test

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13
Q

In Golden v. Planning Board of the Town of Ramapo, the court upheld a growth management system that did what?

A

awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access, and firehouses.

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14
Q

In Construction of Sonoma County v. City of Petaluma, the court upheld quotas on what?

A

annual number of building permits issued

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15
Q

In the Associated Home Builders of Greater East Bay v. City of Livermore, the court upheld what?

A

Temporary moratoriums on building permits

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