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2026 AICP Legal Case

DescriptionCaseDate
"...where it is clear that the existing physical and financial resources of the community are inadequate to furnish the essential services and facilities which a substantial increase in population requires, there is a rational basis for 'phased growth,' Golden v. Planning Board of Ramapo 1972
Formalized the concept of a regional "fair share" affordable housing burden. Southern Burlington County NAACP v. Township of Mount Laurel 1975
Introduced a means-end balancing test for regulatory takings and validated historic preservation controls. Penn Central Transportation Co v. City of New York 1978
the court held that the ordinance violated First Amendment free speech protections by restricting noncommercial speech via billboards to a similar degree as its commercial restrictions. Metromedia Inc. v. City of San Diego 1981
Created the model fair housing remedy for exclusionary zoning. Southern Burlington County NAACP v. Township of Mount Laurel II 1983
Created "essential nexus" takings test for conditioning development approvals on dedications and exactions. There must be a strong relationship between the problem created by proposed development and the proposed exaction (or mitigation), or else compens Nollan v. California Coastal Commission 1987
Defined categorical regulatory takings and an exception for regulations rooted in background principles of law; compensation to be paid to landowners when regulations deprive them of all economically beneficial land use unless uses are disallowed by tit Lucas v. South Carolina Coastal Council 1992
Established a higher standard for takings by extending Nollan's "essential nexus" test to require "rough proportionality" between development impact and conditions. Dolan v. City of Tigard 1994
The Court held that the moratoria did not constitute a taking. Recognizes that partial, temporary deprivations of property may constitute a taking under the Fifth Amendment, but must be analyzed on a case-by-case basis under the regulatory taking framewo Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency 2002
The court overruled Agins's "substantially advances a legitimate state interest" test to determine whether there has been a regulatory taking. The Court clarified that such a test is more appropriate in due process challenges. Instead, regulatory taking Lingle v. Chevron USA, Inc. 2005
Because that plan unquestionably serves a public purpose, the takings challenged here satisfy the public use requirement of the Fifth Amendment." Upheld the use of eminent domain for economic development purposes. Kelo v. City of New London 2005
Recognized that subject matter distinctions are facially content-based and subject to strict scrutiny, and clarified the relevance of governmental purpose in enacting the challenged law. Reed v. Town of Gilbert 2015
For a zoning ordinance to be declared unconstitutional, it must be clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare. Established zoning as a legitimate use of police power Village of Euclid v. Ambler Realty 1922
"The general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking." Pennsylvania Coal Co. v. Mahon 1926
Created by: MattDing
 

 



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