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14 Cards in this Set

  • Front
  • Back

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


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)