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Definition
First nationwide authority for local land use regulation.
A building height limitation of 80 to 100 feet does not deprive the property owner of profitable use. |
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Term
| Eubank v. City of Richmond (1912) |
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Definition
| Setbacks are constitutional |
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| Hadacheck v. Sabastian (1915) |
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Definition
| The restriction of uses is not a taking. |
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| Pennsylvania Coal v. Mahon (1922) |
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Definition
| Restrictions on use are not a taking provided they do not go too far. |
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| Village of Euclid v. Ambler Realty (1926) |
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Definition
| Upheld zoning classifications if classifications were reasonable. |
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| Penn Central Transportation Co. v. New York City (1978) |
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Definition
| Restrictions on use are legal as long as there is still some commercial value. |
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Term
| Agins v. City of Tiburon (1979) |
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Definition
| Two prong test - a taking if: (i) does not substantially forward state interest or (ii) denies owner an economically viable use of their land |
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Term
| Keystone Bituminous Coal Assn. v. DeBenedictus (1987) |
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Definition
| Nature of state's interest in regulation is a critical factor in determining whether a taking has occurred. |
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| Nollan v. California Coastal Commission (1987) |
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Definition
| Must be a nexus between state's interest and exaction. |
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| Dolan v. City of Tigard (1994) |
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Definition
| Required a reasonable relationship between conditions and impact. |
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| First English Evangelical Lutheran Free Church v. County of Los Angeles (1987) |
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Definition
| Money damages could be appropriate for a temporary taking. |
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Term
| Lucas v. South Carolina Coastal Council (1992) |
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Definition
| Restrictions on use must show nexus to nuisance. |
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| Sultum v. Tahoe Regional Planning Agency (1997) |
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Definition
| Use regulation 'ripe for adjudication' prohibiting construction of permanent structures |
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Term
| Kavanau v. Santa Monica Rent Control Board (1997) |
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Definition
| Regulation that leaves some economically beneficial uses may still be a taking |
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Term
| Metromedia v. City of San Diego (1981) |
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Definition
| Ordinance that placed tighter restrictions on non-commercial billboards than on commercial ones violated the First Amendment |
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Term
| Young v. American Mini Theaters (1976) |
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Definition
| Communities can zone for location of adult entertainment establishments without necessarily violating the first amendment |
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Term
| Renton v. Playtime Theaters Inc. (1986) |
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Definition
| Distance separation or concentration requirements for adult uses where the regulation serves a substantial governmental interest and leaves open alternative methods of communication |
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Definition
| Aesthetics was a valid reason to support actions taken for the public welfare. (Eminent domain) |
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Term
| Moore v. City of East Cleveland (1977) |
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Definition
| Cities cannot define "family" so that the definition prevents closely related individuals from living with each other |
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Term
| Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002) |
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Definition
| The court decided that a three-year government moratorium on development was not a 'taking' of private property that requires payment of compensation |
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Term
| Golden v. Planning Board of the Town of Ramapo (1972) |
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Definition
| Local governments can condition development approval on the provision of services. |
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Term
| Construction Industry Association of Sonoma County v. City of Petaluma (1975) |
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Definition
| Communities can restrict the number of building permits granted each year if reasonable |
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Term
| Associated Home Builders of Greater East Bay v. City of Livermore (1976) |
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Definition
| Court allowed time phasing of future residential growth until performance conditions were met |
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Term
| Village of Belle Terre v. Boraas (1974) |
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Definition
| Extended concept of zoning under police power to include community's desire for certain types of lifestyles - upheld power to prohibit more than two unrelated individuals from residing together as a single family |
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Term
| Southern Burlington County NAACP v. Township of Mount Laurel (I) (1972) |
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Definition
| Held that in New Jersey communities in growing areas in the way of urban expansion must take their fair share of the region's growth |
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| Southern Burlington County NAACP v. Township of Mount Laurel (II) (1983) |
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Definition
| Court held that regulations do not prevent a jurisdictions achieving a fair share of regional growth but that affirmative measures should be used to ensure that a fair share goal would be reached |
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Term
Bove v Donner-Hanna Coke Corp. 1932
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Definition
Owner not be permitted to make an unreasonable use of his premises to the material annoyance of his neighbor if the latter's enjoyment of life or property is materially lessened.
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Definition
| Court validated state and local government actions that properly protect the public health, morals and safety |
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Term
| Nectow v. City of Cambridge 1928 |
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Definition
| Rational basis test. Zoning Ordinance was struck down b/c it had no valid public purpose. |
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Term
| Loretto v. Teleprompter Manhattan CATV Corp. 1982 |
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Definition
| If regulation causes a physical invasion of privacy then it is a taking. |
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Term
Village of Arlington Heights v. Metro. Housing Development Corp 1977
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Definition
| Regulation effectively denying housing to people based on race, immigartion status or natural origin is unconstituitional |
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Term
| City of Cleburne v. Cleburne Living Center |
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Definition
| ordinance that does treat different groups unequally, but does not invovle a fundamental right or gourp under village of arlington the it merely has to pass the rational basis test. |
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| Members of City Council v. Vincent |
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Definition
| Ordinance banning signs attached to utility poles. proved aesthetics can satisfy advancing a legitamite public interest. |
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Term
| Calvert Cliffs v. U.S. Atomic Enery Commission 1971 |
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Definition
| Overturned approval of nuclear plant b/c AEC did not follow NEPA. Gave NEPA strength |
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Term
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Definition
| Zoning cannot be used to give churches an advantage over commerrical establishments. Church could have day care but commercial entities couldn't |
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