Sunday, April 14, 2013

Dolan v. City of Tigard case brief

Dolan v. City of Tigard case brief summary
512 U.S. 374

Petitioner appealed decision by the Supreme Court of Oregon that held that respondent city's decision to grant a permit to petitioner, conditioned on petitioner dedicating her land to respondent, was not a taking under U.S. Const. amend. V because the dedication was reasonably related to the expansion of petitioner's business.

OVERVIEW: Petitioner applied to respondent city for a permit to redevelop her business. Respondent granted the permit conditioned on petitioner dedicating some of her property to respondent in furtherance of its land use plan. Petitioner brought suit on the grounds that respondent's dedication requirements were not related to the proposed development, and therefore, constituted a taking without just compensation under the U.S. Const. amend. V. The Supreme Court of Oregon found that the conditions were reasonably related to the proposed development.

On appeal, the Court held that there must be an essential nexus existing between the legitimate state interest and the permit condition by the respondent.

The Court held that if a nexus existed, then exactions imposed by respondent must be roughly proportionate to the projected impact of the proposed development. Respondent's conditions were not reasonably related to the impact of the proposed development, and therefore, the judgment was overturned.

OUTCOME: The court reversed the judgment because respondent city failed to establish that in issuing a permit to petitioner, its property dedication requirement was roughly proportionate to its land use plan and the impact of petitioner's proposed development.

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