Dolan v. City of Tigard case brief

Dolan v. City of Tigard (1994)

Facts: Government gave owner of plumbing and electric supply store permit to expand the building, but this was conditional on the basis that land be set aside for a public greenway along a creek in order to minimize flooding and a bike path to relieve traffic congestion.

Analysis: Used two-prong test:

1. Is there a “nexus…between the legitimate state interest and the permit condition created by the city.” (Nollan). Court said yes. (condition rationally related);
2. Whether the exactions on development were roughly proportionate to the governement’s justifications for regulating. Reasonableness testrough proportionality standard. (burden imposed by the condition roughly proportionate to the government’s justification for regulating.)

Holding: Court found nexus b/c expansion and city’s need to reduce traffic congestion and limit development in floodplain. Used “rough proportionality” test.