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2026 AICP Legal Case
| Description | Case | Date |
|---|---|---|
| "...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 |