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AICP PLanning Law

Questions about the legal basis & foundation for land use laws

QuestionAnswer
Lincoln Trust Co v Williams Building Corp -- 1920 Upheld New York's zoning legislation
Dolan v City of Tigard, 1994 Landmark Case that established test of essential nexus & rough proportionality
According to the Constitution AnalysisTree What are the 11 Constiution Principles land use legistation may be analyzed by? 1) Delegation of Power, 2) Void for Vagueness, 3) Procedural Due Process, 4) Substantive Due Process, 5) Equal Protection, 6) Just Compensation, 7) Ripeness, 8) Freedom of Speech, 9) Freedom of Religion, 10) Establishment Claus, 11) Free Exercise Clause
What are the primary tests used to analyze "Discretionary Planning" 1) Delegation of Power, 2) Procedural Due Process, 3) Void for Vagueness, 4) Substantive Due Process & 5) Equal Protection
What are the primary tests used to analyze "Special Exceptions or Conditional Use Permits" 1) Delegation of Power, 2) Substantive Due Process, 3) Equal Protection, & 4) Just Compensation (takings)
What are the primary tests used to analyze "Aesthetic Regulations" 1) Delegation of Power, Procedural Due Process, 3) Substantive Due Process, 4) Equal Protection, 5) Just Compensation
What are the primary tests used to analyze "Rezoning (Negotiated) Approvals" 1) Delegation of Power, 2) Procedural Due Process, 3) Substantive Due Process, 4) Equal Protection
What are the primary tests used to analyze "Prohibition of Adult Uses" 1) Void for Vagueness, 2) Equal Protection, 3) Freedom of Speech, 4) Substantive Due Process
What are the primary tests used to analyze "Prohibition of Places of Worship" 1) Substantive Due Process, 2) Freedom of Religion, 3) Equal Protection
What are the primary tests used to analyze "Prohibition of Group Homes" Equal Protection
What are the primary tests used to analyze "Downzoning" 1) Procedural Due Proces, 2) Equal Protection, 3) Substantive Due Process, & 4) Just Compensation (takings)
What are the primary tests used to analyze "Parcel Rezoning" 1) Procedural Due Process, 2) Equal Protection, 3) Substantive Due Process, 4) Just Compensation (takings)
Created by: kathie_we
 

 



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