Dolan v. City of Tigard Brief

Dolan v. city of Tigard114 S.Ct. 2309U.S. Supreme costJune 24, 1994FactsDolan sought to expand her business at bottom her own property. She applied to the metropolis for a countenance to do so, and was granted one with defines imposed by the City readiness Commission (CDC). The CDC require that the suppliant dedicate a constituent of her property lying within the ?100-year flood apparent? for improvement of a storm drainage system along Fanno Creek, as swell up as a 15-foot slip-up of land adjacent to floodplain to be used as a bicycle and commonplace walkway. Procedural HistoryThe petitioner communicate variances from CDC standards and was denied. The Oregon Court of Appeals support the denial, after which the Supreme Court granted certiorari. IssuesOne proceeds is if in that respect is an ?essential inter-group communication? between the ?legitimate state occupy? and the permit condition applied by the city. The second issue is whether the exactions demanded b y the city?s permit conditions is roughly proportional to the needs created by the development. Arguments of the PartiesDolanDolan argues that ?the city?s dedication requirements were non related to the proposed development, and, therefore, those requirements comprise taking of their property under the fifth Amendment. City of TigardThe city argued that Dolan?s development would create to a greater fulfilment storm-water flow, which the dedication was meant to offset.

The city as well states that the bicycle/pedestrian hardihood pathway could ?Offset some of the traffic demand (nearby)? that Dolan?s amplification would likely create. HoldingsThe majority held ?that the findings upon w hich the city relies o not express the requ! ired reasonable kind to require petitioner to result some alternative greenway space for the public.? It also held that the city?s findings ?do not show the required relationship between the (easement) and the petitioner?s proposed new building.? cogitate of the CourtThe hail reasoned that the City of Tigard failed to prove a... If you want to nourish a full essay, order it on our website: OrderEssay.net

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