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| the party who appeals a trial court decision he/she/it has lost. |
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| A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious. |
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| The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. |
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| : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation |
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| 14th amendment right of "no taking" includes physical occupation, total reduction in value, and exactions |
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| Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity. |
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| No person shall be deprived of life,liberty, or property without due process of law, nor shall private property be taken for public use without just compensation. |
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| nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Takings clause |
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| facial attack (of a regulation) |
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| an attack on a regulation as a whole. |
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| Compensation for past and future harm. The plaintiff needs to bring only one action. Generally permanent damages are awarded in cases where the nuisance will be permanent but an injunction is not issued. |
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| Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest |
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| An action brought by a property owner seeking just compensation for land taken for public use when the taker of the property does not intend to bring eminent domain proceedings. Property is condemned because its use and value have been diminished due to an adjacent property's public use. |
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| average reciprocity of advantage |
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| the states power is exercised for the purpose of conferring benefit upon the property of a neighborhood |
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| A court's decision on the rights of the parties in a question of law, without ordering anything to be done. |
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| A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, Municipal Corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation. |
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| makes a previous legal jedgment void, usually results of the judgment of an apellent court which overturns,reverses,or sets aside the judgment of a lower court |
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| an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning |
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| the price a willing buyer would pay a willing seller at the time of condemnation. Does not mean enough money to rebuild one's residence or business |
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| Land uses that pre-exist the adoption of a zoning law or amendment but are allowed to continue (but are not allowed to be expanded or enlarged.) |
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| Conditional use that requires a special use permit or a conditional use permit or special exceptions |
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| Allowance for exception from the law. show that the application of the zoning will create a hardship. |
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| Work as an alternative to conventional zoning. Concerned with the desired structure on the property and its relationship to the surrounding envir. Respects community character and encourages mixed uses/diversity. Allows public participation, extra incentives usually offered. Emphasizes form over use! |
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| transfer of development rights |
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Definition
| development rights are transfered from one property in a sending district to another property in a receiving district.A zoning and land planning tool often used to preserve undeveloped or culturally significant areas. |
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| person appointed by the legislative body to administer a zoning code. Typically responsible for issuing zoning permits and certificates of zoning compliance, collecting application fees, maintaining zoning records, inspecting land to identify zoning violations, and enforcing the zoning code |
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| (legislative) group (5-7 members) authorized by ORC to certify a plan to the legislative authority for the adoption of zoning. Once a municipality establishes a zoning code, the Planning Commission is responsible for reviewing all proposed amendments to the code and making recommendations on the amendments to the legislative body |
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| (quasi-judicial) group designated by the legislative authority to make decisions, such as those associated with variances, appeals, and conditional use applications. The BZA is an administrative board that is quasi-judicial in nature. Rule on the application of the existing laws as opposed to passing new laws. |
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| A master plan to guide the long-term physical development of a particular area. |
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| is there a relationship between the extent of the exaction and the purpose to be served? |
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| Rough Proportionality Test |
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| Est. in Dolan to compliment the essential nexus test, declaring that an exaction of property must place equal burden on community is as the burden imposed on property |
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| A city manager is an official appointed as the administrative manager of a city, in a council-manager form of city government.Hired by council to implement municipal policy and sometimes supervise city government. |
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The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances
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| Religious Land Use and Institutionalized Persons Act of 2000, which prohibits a government from placing “substantial burdens” on the free exercise of religion without a “compelling interest.” |
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| the only powers that a municipal corporation may exercise are those expressly granted by State Constitution, those necessarily or fairly implied, and those essential to the declared purposes of the municipality. |
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| allows a locality to exercise any power not expressly denied to it by the State Constitution. |
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14th Amendment to U.S. Constitution: "No state shall . . . deny to any person within its jurisdiction the equal protection of the laws." Equal protection requires only that similarly situated people (and their
property) be treated in a similar way. |
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| Any condition of development approval that requires a developer to provide or contribute to the financing of public facilities at its own expense. |
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| a from of an exaction, in concept to fees-in-lieu, but not directly tied to "in-kind" requirements. They can be much more easily applied to facilities and improvements located outside the development as well as those on-site. From any sort of developments that create the need for new off-site public facilities. Impact fees are typically paid at the time building permits are issued. |
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Rational Basis test- Rationally related to a legitimate gov’t interest. Government can only act if they have a public purpose→public health, safety, morals, and welfare. Burden of proof on person to show government act served no public purpose.
Intermediate Scrutiny- show substantial public purpose. burden on government
. Eg- gender discrimination
Strict Scrutiny- show compelling interest. Eg- racial discrimination. burden on government
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| a writ of superior court to call up the records of an inferior court |
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| Whether a government restriction that is arguably valid as applied to the case at hand should nevertheless be invalidated to avoid the substantial prospect of unconstitutional application elsewhere |
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| a provision of the U.S. Constitution that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes |
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| A presumptively unconstitutional distinction made between individuals on the basis of race, national origin, alienage, or religious affiliation, in a statute, ordinance, regulation, or policy. |
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| "As Applied” Attack of a Regulation |
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| attacking a regulation for how it is administered, and not how it is written (which would be a facial attack). Ex. John claims a regulation is in violation of Equal Protection based on the way it was written. Jay finds no bias in the wording, but finds the regulation is administered in a way that violates Equal Protection. John made a Facial attack on a regulation, Jay made a "as applied" attack on a regulation. |
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| segregation of races by law |
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| Segregation that occurs for other reasons than the law. |
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| is a court-created “doctrine” which determines whether or not the court will hear a particular federal lawsuit |
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The concurring opinion in which more justices join than any other is called a plurality opinion.
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charged with reviewing the design of improvements in relation to site layout, architectural design, height, bulk, mass, materials, colors, lighting, signage, landscaping, etc. The Architectural Review Board is a non-political board intended to provide professional analysis, review and input on proposed development applications to achieve the highest level of design standards and quality for the City |
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| A PUD is a designed grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision. |
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| is a regulation that takes into account the meaning of the speaker's message. A regulation directed at the communicated impact of what is being said. To regulate based on content, it must support a compelling govt interest. |
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| content neutral regulation |
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| regulate speech without regard to its subject matter from a neutral viewpoint conveyed. "a time, place, and manner regulation", such as for licensing. |
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| discrimination against the prejudicial treatment of a person or a group of people based on certain characteristics. |
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Those acts performed by a subordinate official
according to explicit directions, usually embodied in a statute rather than directed by judicial order |
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