Legal Principles & Cases in Planning
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| show | Gave local governments only those powers that were expressly given to them by the state constitution or legislative statute
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| show | Capacity of the state to regulate behavior and enforce order - general welfare, morals, health and safety. Zoning is an exercise of police power.
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| Euclid v. Ambler, US Supreme Court 1926 | show 🗑
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| 5th Amendment | show 🗑
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| 1st Amendment | show 🗑
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| 14th Amendment | show 🗑
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| Due Process Clause. | show 🗑
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| show | Court extended zoning to include a community's desire for certain types of lifestyles as legitimate under police power. Decision upheld regulation that banned more than 2 unrelated people living together.
14th Amendment
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| show | USSC 1977 Concerned denial of a rezoning from single family to multifamily and question of whether racial discrimination. Denial upheld by USSC.
14th Amendment
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| show | Church in historic district prohibited from enlarging. Found to exceed the enforcement powers of the 14th Amendment.
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| show | established right of municipalities to regulate building height. such regulations (including mode of construction) for the safety, comfort and convenience of other people and the benefit of property owners are generally valid.
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| show | Affirmed the use of setback regulations (overturned setbacks in this case though because the implementation - other property owners established setbacks - was unreasonable exercise of police power)
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| Hadacheck v Sebastian, US Supreme Court 1915 | show 🗑
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| Nectow v City of Cambridge; US Supreme Court 1928 | show 🗑
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| show | overruled an ordinance that banned off-premise commercial signs because it discriminated between commercial and non-commercial (not banned). 1st Amendment
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| Young v American Mini Theaters; USSC 1976 | show 🗑
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| show | upheld zoning ordinance that restrict adult use to single district. ok to restrict time, place, and manner because treating traffic and crime (secondary effects) no the content. City does not have to guarantee available land at reasonable price. 1st
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| Religious Land Use & Inst Person Act of 2000 | show 🗑
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| Pennsylvania Coal v Mahon; US Supreme Court 1922 | show 🗑
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| show | held aesthetics and urban redevelopment is a valid public purpose to exercise eminent domain. Precursor to Kelo.
5th Amendment
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| Penn Central Trans v NYC; US Supreme Court 1978 | show 🗑
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| Agins v City of Tiburon; US Supreme Court 1980 | show 🗑
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| Loretto v Teleprompter Manhattan CATV; USSC 1982 | show 🗑
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| 1st English Evan Lutheran Church v Cty of LA; USSC 1987 | show 🗑
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| Nollan v California Coastal Commission; USSC 1987 | show 🗑
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| Lucas v South Carolina Coastal Council; USSC 1992 | show 🗑
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| Dolan v Tigard, US Supreme Court 1994 | show 🗑
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| show | Claim of a taking was ripe for adjudication. (Did Suitum have to transfer development rights before suing for a taking?)
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| City of Monterrey v Del Monte Dunes; US Supreme Court 1999 | show 🗑
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| show | Acquiring property after a regulation takes effect does not bar regulatory takings claims.
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| Tahoe-Sierra Pres Council v Tahoe Regl Planning Agency; | show 🗑
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| Lingle v Chevron; US Supreme Court 2005 | show 🗑
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| show | Established the remedies available to a property owner if a local jurisdiction violates the Telecommunications Act. May remedy violation and issue permit - but not receive damages.
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| Kelo v City of New London; US Supreme COurt 2005 | show 🗑
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| San Remo Hotel v San Francisco; USSC 2005 | show 🗑
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| Cheney v Village 2 at New Hope; Pennsylvania 1968 | show 🗑
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| show | Established the "hard look" doctrine for environmental impact review. Federal funds may not be used to impact a public park if a feasible and prudent alternative route exists. If no alt - harm must be minimized
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| Calvert Cliffs Coordinating Committee v AEC; | show 🗑
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| show | Opened up environmental citizen suits to discipline the resource agencies (standing)
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| Golden v Planning Board of Ramapo; NY 1972 | show 🗑
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| Just v Marinette County; Wisconsin 1972 | show 🗑
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| show | Required zoning to be consistent with comprehensive plans. Rezoning is quasi-judicial - the applicant bears the burden to justify the rezoning.
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| show | Held the Endangered Species Act of 1973 prohibits the completion and operation of the Tellico Dam.
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| Southern Burlington County NAACP v Mt Laurel II; NJ 1983 | show 🗑
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| Williamson Cty Regl Planning Comm v Hamilton Bank; USSC 1985 | show 🗑
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| show | Applied Endangered Species Act to land development. Definition of harm - significant habitat modification or degradation where it actually kills or injures wildlife.
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| Munn v Illinois, US Supreme Court 1876 | show 🗑
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| Thomas Cusack v City of Chicago; US Supreme COurt 1917 | show 🗑
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| show | PC duty to make surveys, maps, designate public streets, layouts. Held valid exercise police power when it regulates the free exercise private property that is detrimental to public interest.
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| Romar Realty v Board of Commissioners; New Jersey 1921 | show 🗑
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