AICP Law Questions
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| show | Welch v. Swasey 1909
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| The USSC first approved the use of setback regulations, although it overturned the setbacks in this case. What case/year? | show 🗑
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| The USSC first approved the regulation of the location of land uses. | show 🗑
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| show | Village of Euclid, OH Ambler Realty Co., 1926
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| The USSC used a rational basis test to strike down a zoning ordinance because it had no valid public purpose (e.g. to promote the health, safety, morals, & welfare of the public). | show 🗑
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| The court found that Mount Laurel had exclusionary zoning that prohibited MF, mobile home, or low-to-moderate income housing. The court req'd the Town to open its doors to those of all income levels. | show 🗑
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| The court upheld a growth mgmt system that awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access & firehouses. A proposal would only be approved upon reaching a certain point level. | show 🗑
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| The court upheld quotas on the annual # of bldg permits issued. | show 🗑
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| show | Associated Homebuilders of Greater East Bay v. City of Livermore, CA; Calif. SC 1976
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| The USSC upheld a zoning scheme that decentralized sexually oriented businesses in Detroit. | show 🗑
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| The USSC found that commercial and non-commercial speech cannot be treated differentely. The court overruled an ordinance that banned all off-premises signs because it effectively banned non-commercial signs. | show 🗑
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| The USSC found that the regulation of signs was valid for aesthetic reasons as long as the ordinance doesn't regulate the content of the sign. If the regulation is based on sign content, it must be justified by a compelling governmental interest. | show 🗑
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| show | City of Renton, WA. v. Playtime Theaters, Inc. 1986
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| The court upheld a zoning ordinance that linited sexually oriented businesses to a single zoning district. Court found that the city doesn't have to guarantee that there is land available, at a reasonable price, for this use. | show 🗑
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| show | Religious Land Use and Institutionalized Persons Act 2000, 5th Amendment
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| The USSC found that a state law regulating pricing did not constitute a taking. Court established the principle of public regulation of private businesses in the public interest. This is a ? amendment case. | show 🗑
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| The USSC ruled that the acquisition of the national battlefield at Gettysburg served a valid public purpose. This was the first significant legal case dealing with historic preservation. This is a ? amendment case. | show 🗑
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| The USSC found that if a regulation goes too far it will be recognized as a taking. This was the first takings ruling and defined a taking under what amendment? | show 🗑
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| show | Berman v. Parker, 1954; 5th Amendment
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| show | Penn Central Transportation Co v. City of NY, USSC 1978; 5th Amendment
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| USSC found that where there is a physical occupation, there is a taking. Cable TV Co. installed cables on a bldg to serve the tenants of the bldg & to serve other bldgs. Allowing the cable co to occupy the land was considered a taking. What amendment? | show 🗑
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| show | First English Evangelical Lutheran Church of Glendale, CA v. Co of LA, 1987; 5th Amendment
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| USSC found that the enactment of regulations didn't constitute a taking. Court found that the enactment of the Act was justified by the public interests protected by the Act. | show 🗑
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| show | FCC v. Florida Power Corp., USSC 1987; 5th Amendment
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| show | Nollan v. Calif. Coastal Commission, 1987; 5th Amendment
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| USSC found that there is a taking if there is a total reduction in value (no viable value left) aafter the regulation is in place, except where derived from the state's law of property & nuisance. | show 🗑
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| show | Dolan v. Tigard, USSC, 1994 -- 5th Amendment
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| This court found that conditions require the deeding of portions of a property to the gov't can be justified where there is a relationship betwen the nature & extent of the proposed developement. | show 🗑
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| show | Suitum v. Tahoe Regional Planning Agency, USSC 1997 -- 5th Amendment
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| Court upheld a jury award of $1.45m in favor of the development based on the city's repeaded denials of a development permit for a 190 unit res. complex on the beach. Develp. was in conformance with zoning ord. and compreh. plan. | show 🗑
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| show | Palazzolo v. RI, USSC 2001 -- 5th Amendment
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| show | Suitum v. Tahoe Regional Planning Agency, USSC 1997 -- 5th Amendment
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| show | Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, USSC 2002 -- 5th Amendment
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| show | Lingle v. Cheveron USA, USSC 2005 -- 5th Amendment
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| What court/case ruled that a licensed radio operator that was denied a CUP for an antenna can't seek damages because it would distort the congressional intent of the Telecommunications Act of 1996? | show 🗑
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| show | Village of Belle Terre v. Boaraa, USSC 1974 -- 14th Amendment
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| show | 14th Amendment; City of Boerne, TX v. Flores 1997
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| The U.S. Supreme Court indicated, for the first time, that regulation of land use might be | show 🗑
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| show | Village of Euclid v. Ambler Realty Co, 1926
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| Established aesthetics and redevelopment as valid public purposes for exercising the power of eminent domain. | show 🗑
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| Ordinance creating a PUD Dist. & authorizing the planning commission to approve the type, size & location of buildgs & uses w/in the district wasn't in violation of the municipal comp. plan or an illegal delegation of legislative power to the commission. | show 🗑
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| show | Citizens to Preserve Overton Park, Inc. v. Volpe, 1971
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| show | Calvert Cliffs' Coordinating Committee v. Atomic Energy Commission, 1971
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| Opened up environmental citizen suits to discipline the resource agencies. | show 🗑
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| Recognized growth phasing programs. Zoning ordinance, allowing subdivision development only by special permit upon showing that adequate municipal facilities and services were available or would be provided by the developer. | show 🗑
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| Significantly integrated public trust theories into a modern regulatory scheme. Shoreland zoning ord. providing for the creation of conservancy, recreational, & general purpose districts along navigable streams & other bodies of water upheld as constituti | show 🗑
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| Required zoning to be consistent with comprehensive plans and recognized that rezonings may be quasi-judicial as well as legislative | show 🗑
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| Opened up the possibility to control pornography via land use. Special requirements applicable to adult theatres & bookstores upheld. | show 🗑
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| Established that discriminatory intent is required to invalidate zoning actions with racially disproportionate impacts. | show 🗑
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| show | Tennessee Valley Authority v. Hill, 1978
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| show | Penn Central Transportation Co. v. City of New York, 1978
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| show | Agins v. City of Tiburon, 1980
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| show | Penn Central Transportation Co. v. City of New York, 1978
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| show | Metromedia, Inc. v. City of San Diego, 1981
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| show | Loretto v. Teleprompter Manhattan CATV Corp., 1982
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| Created the model fair housing remedy for exclusionary zoning. Municipalities must provide their fair share of low- and moderate-income housing in their regions and established remedies to accomplish this objective. | show 🗑
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| Defined ripeness doctrine for judicial review. No final decision for judicial review has been made & a claim of a taking w/out just compensation is premature where a property owner fails to seek the possible relief of variance & condemnation procedures. | show 🗑
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| Allowed damages (as opposed to invalidation) as a remedy for regulatory takings. Just compensation clause of 5th Amendment requires compensation for temporary takings which occur as a result of regulations ultimately invalidated in court. | show 🗑
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| Created the "essential nexus" takings test for conditioning development approvals on dedications & exactions. Requiring the conveyance to the public of an easement for lateral beach access as a condition for a permit, is a taking w/out just compensation. | show 🗑
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| show | Lucas v. South Carolina Coastal Council, 1992
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| show | Dolan v. City of Tigard, 1994
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| show | Babbitt v. Sweet Home Chapter of Communities for a Great Oregon, 1995
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| Sanctioned the use of moratoria and reaffirmed the parcel-as-a-whole rule for takings review. Moratoria on development are not per se takings under the 5th Amendment, but should be analyzed under the multi-factor Penn Central test. | show 🗑
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