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14 Cards in this Set

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1st amendment

congress shall make no law...abridging the freedom of speech or of the press,or of the right of people to peacefully assemble, and to petition govt for redress of grievances

Religious Freedom Restoration Act

congress enacted in 1993


required any regulation impacting religion be justified by a compelling government interest


supreme court invalidated it in 1997

Religious Land Use and Institutionalized Persons Act

congress enacted in 2000


prohibits govt from taking action that will create a substantial burden of the right of individual to exercise religion freely, without a showing that the action is the "least restrictive means" of furthering "a compelling govt interest"


ONLY applies when "substantial burden imposed" 1. in connection w/ fed-funded activity


2. burden affects interstate commerce


3. w/respect to LU decisions where govt makes "individualized assessments regarding property involved

14th amendment

no state or local govt shall deny to any person within its jurisdiction the equal protection of the laws


const. law: similar treatment of person's similarly situated

14th equal protection vs 14th due process

due process issues generally supersede equal protection issues in both state and fed courts

uniformity rule

a regulation must conform to one rule, mode or unvarying standard;


-regulations in a city must be uniformly applied throughout a city


-regulations in zoning district must be uniformly applied throughout a district

14th equal protection: judicial review

courts consider social/economic legislation a legitimate govt activity


-this requirement limits review to rational basis test, which is easy to pass

equal protection: judicial tests

rational basis- must prove discriminatory intent


strict scrutiny/balancing-evidence of govt intent to discriminate needed to obtain stricter scrutiny


suspect classification- race, ethnicity

equal protection: standing

1. but for causation- specific concrete facts proving harm to plaintiffs


2. plantiffs must also show the possibility of redress to them by court intervention




both must be met to have standing

equal protection standing examples:

persons with an interest(financial) in the property that is the subject of the dispute


neighbors


citizens associations


local govts


owner of property


specific employee unable to find housing near work

equal protection denial of standing examples:

non-site specific injury


advocacy organization seek fair land use issues


contract vendees of owner property subject

exclusionary zoning

laws that intentionally or effectively exclude certain groups


ex. minimum lot size- increases $


minimum floor space (house size)- increase $


familial status and occupancy


single family only


no manufactured housing/mobile homes



exclusionary zoning historic efforts

civil rights act 1964


federal fair housing act/amendment 68' 74' 88'


Americans with disabilities act 90'


State fair housing acts: NJ, MA, CA, FL, CN, RI

local remedies for exclusionary zoning

inclusionary housing programs


on and off site asides- private controls


fair share requirement(required construction for any or certain permit approval)


linkage fees- housing trust fund fees may be in lieu of fair share requirement


density bonuses (optional incentive)