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AICP PLanning Law
Questions about the legal basis & foundation for land use laws
| Question | Answer |
|---|---|
| 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) |
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kathie_we
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