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39 Cards in this Set

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High Penn
Nuisance Case
Oil factory held to be a nuisance.

- A lawful entity can becomse a nuisance even w/o negligence.
- Intentional v. Unintentional nuisance
-Damages were issued
Estancias
Nuisance Case
Air conditioner noise held to be a nuisance.

- An injunction was issued
Boomer
Nuisance Case
Concrete factory held to be a nuisance

-injunction was issued that D could buy off.
Spur v. Dell Webb
Nuisance Case
Feed lot held to be a nuisance.

-Coming to the nuisance case.
-injunction issued, P forced to indemnify cost of D moving or shutting down.
1st Church of Christian Scientists
Servitudes/Easements Case
The church parking lot

-You CAN reserve an easement for a 3rd person
Holbrook v. Taylor
Servitudes/Easements Case
The $25,000 house

-Easement by Estoppel case.
-Easement is created by estoppel if there is considerable expense by dominant tenement w/ at least "tacit approval" by Servient tenement.
Van Sandt
Servitudes/Easements Case
The Sewer Case

-Implied easement
-Implied easement created by C.A.R.E.
-(Continuous use, Apparent use, Reasonable necessity, Existing when divided)
Othen v. Rosier
Servitudes/Easements Case
Built dyke in the road

-P use of roadway was a permissive license, when no easement was created by other means.
Lutheran Conference Camp
Servitudes/Easements Case
Lake Naomi

-When easement (in gross) is held by multiple people all must agree to transfer the easement
Brown v. Voss
Servitudes/Easements Case
An easement to get to B, but not to C.

-Scope of easements are VERY strict.
Preseault
Servitudes/Easements Case
Rails to Trails case

-Scope of an easement can be changed, so long as it is consistent w/ the original grant.
-For an easement to be abandoned requires (1) nonuse and (2) acts conclusively manifesting intent to abandon.
Tulk
Servitudes/Covenants Case
THE equitable servitude case

-Got rid of privity requirement.
-P.I.N.T.
-Privity, Intent, Notice, Touching.
Sanborn
Servitudes/Covenants Case
Inquiry Notice Case

-Restrictive Covenants run with the land
-Subsequent owner, even w/o notice, is put to inquiry notice when using lot in a different manner than surrounding subdivisions.
Neponsit
Servitudes/Covenants Case
Touch and Concern the land/Homeowners Association/PINT

-PINT required to make covenant run with the land.
-Privity/Intent/Notice/Touch
Community of Damien
Servitudes/Covenants Case
AIDS halfway house

-Unclear covenant interpreted in favor of free use of land.
Shelly v. Kraemer
Servitudes/Covenants Case
Keeping Blacks Out

-held the covenant WASN'T violative of EPC
-held the courts enforcing the covenant WAS violative of EPC
Truskolaski
Servitudes/Covenants Case
Subdivision won't chang unless all change

-Subdivision's covenants apply equally to all, regardless of change in use/surroundings of SOME of the lots.
-Covenants are enforceable if the original purpose of ALL the restrictions has not been thwarted.
Nahrstedt
Servitudes/Covenants Case
BooBoo the Cat

-Covenants are presumed valid
Euclid
Zoning Case

-It is w/in city police power to have zoning.
-Zoning must have clear plan
-For ordinance to be unconstitutional it must be AUPSMGW (Arbitrary and Unreasonable w/o relation to Public health, Safety, Morals, or General Welfare)
Moon
Zoning Case
Adult Bookstore/Preexisting business

-Amortization is usually valid
-Amortization in this case is not valid under the state's constitution w/o compensation.
Commons v. Westwood
Zoning Case
Undersized Lot/Insufficient Frontage

-There is possibility that denial of a zoning variance will zone property into inutility so that exercise of eminent domain will be called for and compensation must be paid
Cope v. Brunswick
Zoning Case
Detailed Statement of Policy

- Power to regulate private property requires a sufficiently detailed statement of policy.
State v. Rochester
Zoning Case
Spot Zoning

-Comprehensive zoning plans are just guidelines
-Zoning plans are not arbitrary if slightly varied w/ a rational basis.
Stoyanoff v. Berkeley
Zoning Case
The ugly house

-Aesthetic Zoning is OK
Issaquah
Zoning Case
"Drive Downtown and look" case

-Aesthetic zoning ordinances must be sufficiently clear.
Ladue
Zoning Case
The political signs case

-Political speech is protected.
-Banning all signs on property is violation of free speech.
Belle Terre
Zoning Case
The College Kids

-Majority said that putting a special limit on unrelated members in a single family dwelling different from related members is OK
-Dissent says it isn't OK.
Edmonds v. Oxford House
Zoning Case
Population Density Control

-Zoning cannot treat related and unrelated "families" differently.
-If a limit is intended to control density, it must put a limit on related family members as well.
Hawaii Housing v. Midkiff
Takings Case
Hawaiian land redistribution

-Taking of leaseholds for redistribution is OK, since it's a legitimate public purpose.
Loretto
Takings Case
Cable Box Case

-A Permanent Physical occupation is a taking no matter how insignificant.
Poletown
Takings Case
land for GM plant

-Gov't taking of land weighed benefit to the community against the detriment of those displaced.
Hadacheck
Takings Case
Taking a nuisance

-If a property is a nuisance the gov't can take it w/o compensation
Penn Central
Takings Case
Landmark Law Case

-Preservation of history is a legitimate public interest.
-Balancing test of Public Good v. Owners harm.
Pennsylvania Coal
Taking Case
Investment Backed

a state statute that substantially furthers important public policies may so frustrate distinct investment-backed expectations as to constitute a “taking.”
Lucas
Takings Case
100% Taking

-If ordinance takes all value of property the gov't must pay as a taking.
Nollan
Takings Case
Exaction

-State required an easement.
-State must pay
-An exaction is valid if it is related to a valid public use.
Dolan
Takings Case
Exaction/Flood Plane/Bike Path

-There must be a reasonable nexus b/w the condition and the restriction for an exaction to be valid.
First English Evangelical
Takings Case
Temp Taking

-A temporary taking is a taking and must be compensated for.
Lingle
Takings Case
Synthesis case

Takings Test: LLP
(Loretto, Lucas, Penn Central)