Stack #36237
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| Welch v. Swasey, 214 US 91 | show 🗑
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| Eubank v. City of Richmond US Supreme Court | show 🗑
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| show | (1915) The Court first approved the regulation of the location of land uses.
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| Village of Euclid v. Ambler Realty Co. US Supreme Court | show 🗑
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| show | (1928) The Court 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, or welfare of the public).
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| Southern Burlington County NAACP v. Township of Mount Laurel; New Jersey Supreme Court | show 🗑
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| Golden v. Planning Board of the Town of Ramapo; New York State Court of Appeals | show 🗑
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| show | (1975) The Court upheld quotas on the annual number of building permits issued.
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| Associated Home Builders of Greater East Bay v. City of Livermore; California Supreme Court | show 🗑
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| show | (1976) The Court upheld a zoning scheme that decentralized sexually oriented businesses in Detroit.
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| show | (1981) The Court found that commercial and non-commercial speech cannot be treated differently. The court overruled an ordinance that banned all off-premises signs because it effectively banned non-commercial signs.
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| show | (1984) The Court found that the regulation of signs was valid for aesthetic reasons as long as the ordinance does not regulate the content of the sign. If the regulation is based on sign content, it must be justified by a compelling governmental interest.
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| City of Renton v. Playtime Theatres Inc. US Supreme Court | show 🗑
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| show | (1997)This case challenged the Religious Freedom Restoration Act. The Supreme Court ruled that the act is an unconstitutional exercise of congressional powers that exceeded the enforcement powers of the 14th amendment.
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| show | Declares that no gov. may implementland use regulation in a manner that imposes substantial burden on the religious assembly or institution, unless the gov. demonstrates that imposition of burden both is in furtherance of compelling governmental interest.
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| Munn v. Illinois; Supreme Court | show 🗑
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| United States v. Gettysburg Electric Railway Company; US Supreme Court | show 🗑
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| show | (1922) The court found if a regulation goes too far it will be recognized as a taking. This was the first takings ruling and defined a taking under the 5th Amendment.
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| Berman v. Parker; US Supreme Court | show 🗑
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| show | (1978) The court found that a taking is based on the extent of the diminution of value, interference with investment backed expectations, and the character of the government action.
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| Loretto v. Teleprompter Manhattan CATV Corporation; US Supreme Court | show 🗑
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| show | (1987) The court found that if a property is unusable for a period of time then, not only can the ordinance be set aside, but the property owner can subject the government to pay for damages.
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| show | (1987) The Court found that the enactment of regulations did not constitute a taking. The Court found that the enactment of the Act was justified by the public interests protected by the Act.
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| FCC v. Florida Power Corporation; US Supreme Court | show 🗑
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| Nollan v. California Coastal Commission; US Supreme Court | show 🗑
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| Lucas v. South Carolina Coastal Council; US Supreme Court | show 🗑
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| Agins v. City of Tiburon; US Supreme Court | show 🗑
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| show | (1994) The Court found there must be a rational nexus between the exaction requirement and the development. The rough proportionality test was created from this case.
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| show | (1997) The Court found that Suitum's taking claim was not ripe for adjudication because she had not attempted to sell her Transfer of Development Rights.
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| City of Monterey v. Del Monte Dunes at Monterey Ltd.; US Supreme Court | show 🗑
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| show | (2001) The property owner claimed inverse condemnation.The Supreme Court found that claims are ripe for adjudication - most importantly, acquisition of title after the effective date of regulations does not bar regulatory taking claims. Case was remanded.
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| Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al.; US Supreme Court | show 🗑
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| show | (2005)S.C. overturned a portion of the Agins v. City of Tiburon precedent declaring that regulation of property effects a taking if it does not advance legitimate state interests. Court found this imprecise and not appropriate for detrmining a taking.
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| show | (2005) The Supreme Court ruled that a licensed radio operator that was denied conditional use permit for an antenna cannot seek damages because it would distort the congressional intent of the Telecommunications Act of 1996.
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Created by:
kgoddard