Shared Flashcard Set

Details

Planning Law
Planning Law for AICP Exam
36
Real Estate & Planning
Professional
05/08/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Welsh v. Swasey (1909)
Definition

First nationwide authority for local land use regulation.

 

A building height limitation of 80 to 100 feet does not deprive the property owner of profitable use.

Term
Eubank v. City of Richmond (1912)
Definition
Setbacks are constitutional
Term
Hadacheck v. Sabastian (1915)
Definition
The restriction of uses is not a taking.
Term
Pennsylvania Coal v. Mahon (1922)
Definition
Restrictions on use are not a taking provided they do not go too far.
Term
Village of Euclid v. Ambler Realty (1926)
Definition
Upheld zoning classifications if classifications were reasonable.
Term
Penn Central Transportation Co. v. New York City (1978)
Definition
Restrictions on use are legal as long as there is still some commercial value.
Term
Agins v. City of Tiburon (1979)
Definition
Two prong test - a taking if: (i) does not substantially forward state interest or (ii) denies owner an economically viable use of their land
Term
Keystone Bituminous Coal Assn. v. DeBenedictus (1987)
Definition
Nature of state's interest in regulation is a critical factor in determining whether a taking has occurred.
Term
Nollan v. California Coastal Commission (1987)
Definition
Must be a nexus between state's interest and exaction.
Term
Dolan v. City of Tigard (1994)
Definition
Required a reasonable relationship between conditions and impact.
Term
First English Evangelical Lutheran Free Church v. County of Los Angeles (1987)
Definition
Money damages could be appropriate for a temporary taking.
Term
Lucas v. South Carolina Coastal Council (1992)
Definition
Restrictions on use must show nexus to nuisance.
Term
Sultum v. Tahoe Regional Planning Agency (1997)
Definition
Use regulation 'ripe for adjudication' prohibiting construction of permanent structures
Term
Kavanau v. Santa Monica Rent Control Board (1997)
Definition
Regulation that leaves some economically beneficial uses may still be a taking
Term
Metromedia v. City of San Diego (1981)
Definition
Ordinance that placed tighter restrictions on non-commercial billboards than on commercial ones violated the First Amendment
Term
Young v. American Mini Theaters (1976)
Definition
Communities can zone for location of adult entertainment establishments without necessarily violating the first amendment
Term
Renton v. Playtime Theaters Inc. (1986)
Definition
Distance separation or concentration requirements for adult uses where the regulation serves a substantial governmental interest and leaves open alternative methods of communication
Term
Berman v. Parker (1954)
Definition
Aesthetics was a valid reason to support actions taken for the public welfare. (Eminent domain)
Term
Moore v. City of East Cleveland (1977)
Definition
Cities cannot define "family" so that the definition prevents closely related individuals from living with each other
Term
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002)
Definition
The court decided that a three-year government moratorium on development was not a 'taking' of private property that requires payment of compensation
Term
Golden v. Planning Board of the Town of Ramapo (1972)
Definition
Local governments can condition development approval on the provision of services.
Term
Construction Industry Association of Sonoma County v. City of Petaluma (1975)
Definition
Communities can restrict the number of building permits granted each year if reasonable
Term
Associated Home Builders of Greater East Bay v. City of Livermore (1976)
Definition
Court allowed time phasing of future residential growth until performance conditions were met
Term
Village of Belle Terre v. Boraas (1974)
Definition
Extended concept of zoning under police power to include community's desire for certain types of lifestyles - upheld power to prohibit more than two unrelated individuals from residing together as a single family
Term
Southern Burlington County NAACP v. Township of Mount Laurel (I) (1972)
Definition
Held that in New Jersey communities in growing areas in the way of urban expansion must take their fair share of the region's growth
Term
Southern Burlington County NAACP v. Township of Mount Laurel (II) (1983)
Definition
Court held that regulations do not prevent a jurisdictions achieving a fair share of regional growth but that affirmative measures should be used to ensure that a fair share goal would be reached
Term

Bove v Donner-Hanna Coke Corp. 1932

 

 

Definition

Owner not be permitted to make an unreasonable use of his premises to the material annoyance of his neighbor if the latter's enjoyment of life or property is materially lessened.

 

 

Term

Mugler v. Kansas 1887  

 

Definition
Court validated state and local government actions that properly protect  the public health, morals and safety
Term
Nectow v. City of Cambridge 1928
Definition
Rational basis test. Zoning Ordinance was struck down b/c it had no valid public purpose.
Term
Loretto v. Teleprompter Manhattan CATV Corp. 1982
Definition
If regulation causes a physical  invasion of privacy then it is a taking.
Term

Village of Arlington Heights v. Metro. Housing Development Corp 1977

 

Definition
Regulation effectively denying housing to people based on race, immigartion status or natural origin is unconstituitional
Term
City of Cleburne v. Cleburne Living Center
Definition
ordinance that does treat different groups unequally, but does not invovle a fundamental right or gourp under village of arlington the it merely has to pass the rational basis test.
Term
Members of City Council v. Vincent
Definition
Ordinance banning signs attached to utility poles. proved aesthetics can satisfy advancing a legitamite public interest.
Term
Calvert Cliffs v. U.S. Atomic Enery Commission 1971
Definition
Overturned approval of nuclear plant b/c AEC did not follow NEPA. Gave NEPA strength
Term
Cohen v. Des Plains 1990
Definition
Zoning cannot be used to give churches an advantage over commerrical establishments. Church could have day care but commercial entities couldn't
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