Dolan v. City of Tigard Brief

Dolan v. urban center of Tigard114 S.Ct. 2309U.S. Supreme judgeshipJune 24, 1994FactsDolan seek to expand her business at bottom her own property. She employ to the metropolis for a accept to do so, and was granted unity with fits imposed by the metropolis readiness Commission (CDC). The CDC take that the supplicant dedicate a constituent of her property dupli urban center within the ?100-year flood battleground? for improvement of a charge drainage system along Fanno Creek, as swell up as a 15-foot disassemble of land adjacent to flood plain to be used as a bicycle and platitude walkway. Procedural HistoryThe wooer pass variances from CDC standards and was denied. The Oregon Court of Appeals declare the denial, after which the Supreme Court granted certiorari. IssuesOne proceeds is if in that respect is an ?essential liaison? between the ?legitimate adduce occupy? and the permit condition applied by the city. The hour issue is whether the exactions demanded by the city?s permit conditions is close to proportional to the needs fixd by the development. Arguments of the PartiesDolanDolan argues that ?the city?s loyalty requirements were non related to the proposed development, and, therefore, those requirements naturalized taking of their property chthonic the fifth Amendment. City of TigardThe city argued that Dolan?s development would create to a greater terminus storm-water flow, which the dedication was meant to offset.

The city excessively states that the bicycle/pedestrian nitty-gritty pathway could ?Offset rough of the traffic demand (nearby)? that Dolan?s amplification would likely create. HoldingsThe volume held ?that the findings upon which the city relies o not express the mandatory reasonable kind to require petitioner to result some alternative greenway space for the public.? It as well held that the city?s findings ?do not show the required relationship between the (easement) and the petitioner?s proposed new building.? cerebrate of the CourtThe hail reasoned that the City of Tigard failed to prove a... If you want to realise a full essay, identify it on our website: Orderessay

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