Zoning Cases Flashcards
Hawaii: “Huge Hawaiian Hoarders”
Property taken by eminent domain & given to private landholders is a valid taking for a legitimate public purpose.
• Regulating oligopoly is a clear use of police power (Anti-trust; Clayton Act, Commerce)
Poletown: “construction of the GM factory”
Eminent Domain: Condemnation of property pursuant to a public purpose is valid even if giving to a private Corp. if the public benefit outweighs the private interest. . The benefit to a private interest is merely incidental. OVERTURNED: Government can take private land for traditional purposes like slum clearance (ex: Berman v. Parker) but government can no longer take land for private ownership, even if there is a “public benefit” from the use
Kelo: “public use = public purpose (≠ pfizer)”
Eminent Domain: Economic development may justify the public use requirement of the 5th Amendment. the purpose of the taking was for a legitimate public benefit - “it is only the takings purpose and not the mechanics” when determining if there is a public benefit.
Schad: “Titties ain’t Bad”
Eminent Domain–Zoning: Free Speech (like nude dancing) may be restricted in time, manner, and place, but not altogether. –Strict Scrutiny.
Mt. Laurel: “Sitting on high, resting on their laurels”
Eminent Domain–Zoning: Local communities may zone for the general welfare but they cannot zone against the general welfare (zoning to exclude people); zoning must be done so that it will provide low and moderate income housing
Nectow: “Standing on my Neck”
Eminent Domain–Zoning: Zoning ordinance violates the 14th amendment if it deprives the petitioner of his property without due process of law. The principle distinction between this case and Euclid was that in Euclid the loss was speculative, while in this case the loss was tangible and real.
Mahon: “coal mining and subsidence rights”
Eminent Domain–Zoning: Private rights may be regulated pursuant to the police power of a state to protect public health, safety, welfare, & morals, but if the regulation goes too far as to destroy a property right, it b/c a taking under the faith & 14th Amendments, requiring just compensation.
Berman: “That’s cold, man”
Const. Reg.–Police Power: Because police power is a public use for redevelopment, slum clearance is alright.
Block: “Blocking Business”
Const. Reg.–Police Power: An emergency act of Congress that overrides private property right may be justified by the public interest & not unconstitutional.
–Distinguish an emergency act under police power (where there is no reimbursement) with eminent domain (where there is reimbursement)
–Block: “Housing is a necessary of life”
Fresh Pond: “Forever Ain’t Fresh”
Const. Reg.–Police Power: (DISSENT) To deny Π the right to utilize the property how it wishes amounts to a taking under the 5th and 14th amendments.
–Different from Block in that Block was temporary.
Mugler: “Beer Mugless”
Const. Reg.–Police Power: The regulation was NOT a taking because it involved no appropriation of the property for the public benefit (rather, it was simply limitation upon use by the owner for certain purposes declared to be injurious to the community).
Boraas: “Bias Of Rights Against All Students”
Const. Reg.–Police Power: A community may restrict the number of people living in/using a single–family residence if they are regulation to protect legitimate public purpose as long as the regulation is not arbitrary, and as long as the regulation does not violate a person’s fundamental rights or discriminate against a group.
Moore: “Immediate family, but no Moore”
Const. Reg.–Police Power: The ordinance here is unconstitutional because it does not support any government interests (in fact, it requires the splitting-up of blood relatives). A regulation that went too far.
Lindsey v. Normet: “Housing NOT a fundamental right.”
Const. Reg.–Police Power: No right to housing in the Constitution! When challenging housing statute, you only employ rational basis, not strict scrutiny, standard of review. The court recognizes the importance of decent, safe, and sanitary housing, BUT the Constitution does not provide judicial remedies for every social and economic ill.
Euclid: “Earlier Understanding Characterizes Life In District”
Const. Reg.– Zoning: Zoning measures are legal if they have a substantial relation to the PUBLIC HMWS.
–If problem between Specific and General language in a regulation, SPECIFIC WINS
