Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Law Cases
AICP Exam
| Term | Definition |
|---|---|
| Mugler v. Kansas | - 1887 - U.S. Supreme Court ruled that courts have the duty strike down local laws that do not have real or substantial realtion to police power - Protect health, safety, welfare, morals of community |
| United States v. Gettysburg Electric Railway Co. | - 1896 - First significant legal case concerning historic preservation - U.S. Supreme Court rules that acquisition of national battlefield at Gettysburg served valid public purpose |
| Welch V. Swasey | - 1909 - U.S. Supreme Court upholds municipal regulation of building heights - Validated use of construction standards to uphold public safety |
| Hadacheck v. Sebastian | - 1915 - U.S. Supreme Court upheld municipal regulation that governed placement of land uses |
| Pennsylvanie Coal Co. v. Mahon | - 1922 - First decision to hold that land use restriction constituted a taking "property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking |
| Village of Euclid v. Ambler Realty | - 1926 - Consitutionality of zoning upheld by U.S. Supreme Court |
| Nectow v. City of Cambridge | - 1928 - U.S. Supreme Court struck down as unconstitutional a local zoning ordinance that was not reasonably tied to balid public purpose under police power |
| Bove v. Donner-Hanna Coke Corp | - 1932 - Court ruled owner can't make use of property if it creates a material annoyance to his neighbor or if his neighbor's property of life is materially lessened by the use |
| Berman v. Park | - 1954 - U.S. Supreme Court upholds right of D.C. Redevelopment Land - Agency to condemn properties that were unsightly but non-deteriorated |
| Jones v. Mayer | - 1968 - Racial barriers cannot affect the acquisition of property |
| James v. Valtierra | - U.S. Supreme Court upheld an amendment to the California - Constitution mandating a referendum on all housing project because an intent to racially discriminate could not be found |
| Golden v. Planning Board of Ramapo | - 1972 - New York high court allows the use of performance criteria as means of showing community growth |
| Fasano v. Board of County Commissioners | - 1973 - Oregon Supreme Court rules that all zoning and rezoning must be consistent with applicable comprehensive plans |
| Village of Belle Terre v. Boraas | - 1974 - Limiting residents of housing units to related individuals was legitimate use of policy power - Eliminating many fundamental civil rights challenges to local regulations |
| Sonoma v. Petaluma | - 1975 - U.S. 4th Circuit finds that quotas on annual number of building permits issued was a constitutional use of policy power |
| Southern Burlington County NAACP v. Township of Mt. Laurel | - 1975 - Local zoning ordinance was unconstitutional where it conflicted with state defined fair housing practices |
| City of Eastlake v. Forest City Enterprises | - 1976 - U.S. Supreme Court rules that mandate that all rezoning be subject referendum is constitutional because no intent to discriminate could be found |
| Young v. American Mini Theaters, Inc. | - 1976 - Court upheld zoning provision mandating the decentralization of sexually oriented businesses based on studies showing detriment to society |
| Home Builders of Greater East Bay v. City of Livermore | - 1976 - California Supreme Court found that temporary moratoria on building permit issuance was constitutional |
| Village of Arlington Heights v. Metropolitan Housing Development Corporation | - 1977 - U.S. Supreme Court finds that a regulation effectively denying housing to people based on race, immigration status, or national origin was unconstitutional |
| Penn Central Transportation Co. v. City of New York | - 1978 - U.S. Supreme Court upholds NY's Landmark Preservation Law as applied to Grand Central Terminal - Barring some development of air rights was not a taking when interior of property could be put to use |
| Central Hudson v. Public Service Commission | - 1980 - U.S. Supr. Ct. finds that for regulation involving first amendment rights to it must 1. advance compelling state interest 2. allow a reasonable alternative means of communication 3. Is defined as possible and 4. Is reasonable time, place, manner |
| Agins v. City of Tiburon | - 1980 regulation that is not reasonably related to police power and causes a property to lost economic value constitutes a taking |
| Metromedia v. City of San Diego | - 1981 - U.S. Supreme Court holds that neither commercial nor non-commercial speech can be favored over the other - Ordinance overturned because banned non-commercial signs |
| Loretto v. Teleprompter Manhattan CATV Corp | - 1982 - Physical invasion of a property is a taking |
| Township of Mt. Laurel (2) | - 1983 - NJ Supreme Court rules that 567 municipalities in the state must build their "fair share" of affordable housing |
| Member of City Council v. Taxpayers for Vincent | - 1984 - U.S. Supreme Court upheld a regulation that prohibited that attaching of signs to utility poles |
| City of Cleburne v. Cleburne Living Center | - 1985 - An ordinance that treats different groups unequally needs to pass a rational basis test (in this case ordinance failed test) |
| City of Renton v. Playtime Theaters Inc | - 1986 - U.S. Supreme Court allowed zoning ordinance limiting sexually oriented businesses to 5% of municipal land areato stand bsed on study conducted on negative effects the business type has on surrounding areas |
| First English Evangelical Lutheran Church v. County of LA | - 1987 - U.S. Supreme Court finds even a temporary taking requires compensation |
| Nollan v. California Coastal Commission | - 1987 - Land Use restrictions must be tied directly to specific public purpose |
| Cohen v. Des Planes | - 1990 - Court ruled that zoning can't be used to grant religious institutions advantages over other commercial ventures - Court overturned zoning provision that allowed church to run day care in residential zone |
| Oregon v. Smith | - 1990 - Court ruled zoning that is neutral on its face was permissible so long as it doesn't hinder religion itself - Upheld ban on use of peyote in Native American religious services |
| Dolan v. City of Tigard | - 1994 - U.S. Supreme Court rules that a jurisdiction must show "rough proportionality" between the adverse impacts of proposed development and exactions it wishes to impose on the developer |
| Borgmann v. Board of Supervisors | - 1998 - Iowa Supreme Court struck down "right to farm" legislation ruling it was 1. an unequal application of law and 2. an indirect de facto taking of abutting non-farm properties |
| Sierra v. Tahoe | - 2002 - U.S. Supreme Court rules that temporary building moratorium for purpose of conducting planning studies to protect public health, safety, welfare, and morals is legitimate use of police power and not a taking |
| Kelo v. City of New Haven | - 2005 - U.S. Supreme Court upholds practice of utilizing urban redevelopment and eminent domain for economic development purposes when backed by redevelopment plant |
| San Remo Hotel v. San Francisco | - 2005 U.S. Supreme Court ruled takings disputes resolved at the state level can't be relitigated at federal level |
| Lingle v. Chevron | - 2005 U.S. Supreme Court overturns troublesome "substantial advancement" test established in Agins (1980) |
| Rancho Palos Verdes v. Abrams | - 2005 - U.S. Supreme Court rules that zoning review under - Telecommunications Act does not include monetary damages or lengthy review period |
Created by:
rculley567