Zoning and Growth Management Cases Flashcards
Before comprehensive zoning, regulation of land use was based on which law?
The nuisance law
The nuisance law means that persons with real property are entitled to?
quiet enjoyment of their land
How can one claim a nuisance?
if enjoyment is interrupted by noise, pollution, odor.
Welch v. Swasey is instrumental in the right of municipalities to regulate what?
Building Heights
Building height discrimination is based on a reasonable ground and is a proper exercise of police power of the state and therefore does not violate which amendment?
14th amendment
Eubank v. City of Richmond, upheld that the states can exercise police powers to establish _____________?
building lines
In Hadacheck v Sebastain, the court approved the regulation of what?
The location of land uses.
Regulating the specific location of land uses does not violate which amendment?
14th amendment
In Village of Euclid v. Ambler Realty Co, the court found that a zoning ordinance should be upheld as long as the community believed what?
There was a threat of a nuisance
Village of Euclid v. Ambler Realty was the key court case in which the court upheld what?
Zoning as a proper use of police power
In Nectow v. City of Cambridge, the court used a ___________________ to strike down a zoning ordinance because it had no valid public purpose.
rational basis test
In Golden v. Planning Board of the Town of Ramapo, the court upheld a growth management system that did what?
awarded points to development proposals based on the availability of public utilities, drainage facilities, parks, road access, and firehouses.
In Construction of Sonoma County v. City of Petaluma, the court upheld quotas on what?
annual number of building permits issued
In the Associated Home Builders of Greater East Bay v. City of Livermore, the court upheld what?
Temporary moratoriums on building permits
