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78 Cards in this Set
- Front
- Back
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Marbury v. Madison
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-Determined the role of courts
-Decided what if there is a difference of opinion about the Constitution -Makes clear the "stretch" federal government often makes in the commerce clause |
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Dred Scott
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Holding: Dred Scott is not a citizen an therefore, cannot utilize the court system
*Court struck down Missouri Compromise (legislative action), only second time in history (after Marbury v. Madison) |
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Lochner v. New York
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*3rd act overturning Congress (legislative act)
-If state law is violating US Constitutional law, it is challenging supremacy -"Freedom of contract" was created through courts interpretation *Holmes dissented because courts overstepped boundaries (freedom of contract does not exist) |
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Wickard
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Holding: Wickard produced more wheat than regulation allowed, even though he sold locally, he violated commerce clause because he depressed wheat values affecting interstate commerce
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Boomer
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Facts: Cement co. generating pollution affecting plaintiff's ability "to quietly enjoy her property"
Holding: Plaintiff won claim, but Cement co. only had to pay reparation |
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Pennsylvania Coal
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Facts: Mahon's bought a house, but the deed only granted them surface rights (Coal Company reserved right to mine still)
Holding: The act was determined to be an unconstitutional taking |
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Ways to interpret the Constitution
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Original Intent: Put issue back in time of Constitution
Structural/Facial: How is it organized/Take on its face Living Document: This wasn't an issue at the time |
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Obiter Dicta
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When the court addresses an issue or makes a claim indirectly relate
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Remedies for Nuisance
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1. Mandamus by court: order to do something or stop doing something (injunction)
2. Money damages or compensation |
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Spur
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Facts: Developers built retirement community next to ranching operation and then complained ranching was a nuisance
Holding: The farmer was not at fault |
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Private Nuisance
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A dispute between two land owners
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Public Nuisance
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A dispute between land owner and entire community (i.e. industrial activities producing pollution)
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Government has the power to:
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Tax: property (ad valorem), income (state and federal)
Spend: public works Regulate: constitution (commerce-fed), state const. (police) Acquire: purchase or eminent domain Study: local or state plans |
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SCPEA
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1928
Not legal act, model act to facilitate state's creating their own PEA (consistently across the country) |
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Master Plan includes:
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-Statement of goals
-Statement of facts/analysis -Land suitability analysis -Infrastructure capacity anaylysis -Policies (combine goals with facts) -Implementation steps |
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Nuisance in fact:
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A nuisance where it's at
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Nuisance per say:
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A nuisance at all times
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Meta-purposes of plan:
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-Accommodate growth
-Separate incompatible land uses -Direct/steer growth -Control growth |
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Specific purposes of plan:
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-Public health
-Public safety -Circulation -Services and facilities -Promote economic development -Protect environment -Redistribute wealth |
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Purpose of plan (as a document):
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-Communicate process of what and why
-Default policy argument |
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Plan making process
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-Research
-Goal formation -Policies formation -City residents' broad statements |
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Plan implementation steps
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-Infrastructure policies
-Regulations -Public facilities -Outreach and education |
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Forms of plans
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-Comprehensive/Master Plan
-Sub-area plans -Functional plans (parks and rec, roads, economic development) |
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Parcel identification
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Old way: "metes and bounds"
New way: plat mat (map of all parcels) |
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Zoning principle
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Land is zoned by use, not by ownership
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Development standards
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-Height
-Bulk (FAR) -Setback requirements |
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FAR
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Floor to area ratio
i.e. FAR=1, 1 story building on entire lot, 2 story building on 1/2 lot, 3 story building on 1/3 lot |
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Non-conforming use
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Allowed to continue even though it's illegal because it existed prior to code, cannot change building/use or it becomes a public nuisance and is subject to removal
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Rezoning
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Formal amendment to zoning map
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Down-zoning
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Moving towards a less intensive use
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Up-zoning
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Moving towards a more intensive use
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Accessory use
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-"Customary and incidental"
-Not specifically allowed in code, but they are permitted in conjunction with primary use -Allowed by right, don't need special permission |
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Special exception/Conditional use
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-Allowed by permit (might pose special problems that we want control over)
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Variance
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-Allowed by exception
-Illegal use -Always issued by ZBA -Non-use variance (dimensional) *must show practical difficulties -Use variance (permission to use property in a way that's prohibited) *must show unnecessary hardship |
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Vested right
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Government gives you permission to do something, but then changes the law
*If your right is vest, then you can develop illegally *Must have gotten permission and acted to your substantial detriment on the rights of the permit |
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PUD
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Planned Unit Development
-Similar to subdivision law, but built into zoning code -Design whole project, not just parcel by parcel |
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Site Plan Review
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-Not the same as a permit, but function similarly
-Even if it's permitted, you need a site plan review |
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Legislative decisions
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-Adoption/Amendments
-Legislature makes |
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Administrative decisions
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-Allowed uses, but requires special permits
-Zoning administrator, clerk, planning commission makes |
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Quasi-Judicial decisions
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-Variances
-ZBA makes |
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Due process
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Nor shall government take life, property, or liberty without due process of law (doctrine of fairness) - 5th Amendment
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Procedural due process
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Were the procedures the government used to reach a decision adequate and fair (provide notice and comment)
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Substantive due process
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Was the decision itself fair
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Equal Protection
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Government should treat people who are similarly situated equally (engage in a behavior that sets you apart)
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Rational Relation Test
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-Most deferential
-Claimant must show no rational relationship -Legitimate end -Arbitrary and capricious |
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Heightened or intermediate scrutiny
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-Gender
-Government -Important end -Substantially related |
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Strict scrutiny test
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-Race and other suspect classifications
-Fundamental rights -Government -Compelling end -Narrowly tailored (i.e. there is a no less intrusive means possible) |
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Takings Clause
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-5th Amendment
*Check on Condemnation/Eminent Domain *For public use *Just compensation |
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Hypotheticals:
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1. Statutory
2. Eminent Domain 3. Due process/Equal protection 4. Regulatory taking (involuntary physical occupation, total economic deprivation, penn central) |
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Jeremy Bentham
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Utilitarianism: greatest good for the greatest number
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John Locke
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-Private property with hardwork
-Land+labor=sacred, pre-societal right to property -Does not give, so cannot take away |
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Dillon's Rule
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States only have power explicitly delegated to them
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Home Rule
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Whatever I have, you have
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Police Power
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Public health
Safety Morals General welfare |
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Leopold
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Preserve integrity, stability, beauty
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Sagoff
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Consumers AND citizens
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Cronon
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Recognizes romanticism/frontier, but would exploit it's beauty in ways that were similar to [farming]
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Rolston
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Preserve biodiversity, culture isn't a good reason to save land
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Pinchot
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Develop the forest, utilize for its resources, but CONSERVE so its service does not destroy it
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Muir
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PRESERVE as much as possible, but preferably the most aesthetically pleasing
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Tragedy of the commons
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"We are locked into a system that compels him to increase his herd without limit, in a world that is limited."
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Egoism
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-Do what is in one's own self interest
-The fittest will survive |
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Divine Command
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-Do God's will
-Judeo-Christian teachings of land ownership |
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Natural Rights
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Do what will advance human flourishing
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Land ethics
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"A thing is right when it tends to preserve the beauty, stability..."
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Lack of personal jurisdiction
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A court's power over a particular person or item
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Lack of subject matter jurisdiction
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The authority of a court to hear a particular kind of case
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Lack of capacity
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Does the person have status?
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Ripeness
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Readiness of case for litigation; has it happened yet?
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Ultra vires
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The judicial doctrine under which courts will strike down municipal actions that are beyond the powers that the local government has been authorized to exercise
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Case or controversy?
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A law must be challenged
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Standing
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That person must be the one harmed or their property in interest
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Exhaustion of administrative remedies
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Tried all options before court
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Pleadings
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-Complaint=civil
-Indictment=criminal -Response=D |
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Prima facie case
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a plausible claim on its face
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Euclid v. Ambler Realty
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-Defer to governments when they are going to make land use policy and zoning claims
-Court sided with Village of Euclid and bolstered zoning practices across the country |
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Arlington Heights
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Racially disaparate impacts v. racially discriminatory intent
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Buchanan
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1917, if a land use regulation is clearly based on race, it is unconstitutional
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