Court: |
US Supreme Court |
|
Facts: |
Oregon does lots of land use regulation. Tigard wants to
provide alternatives to car transport. When Dolan
wants to re-model her store (to enlarge it, and the
parking lot), they require some land set aside for the
creek on the property, due to extra runoff. And, then,
also a bike path. |
|
Posture: |
OR Supreme Court said the building permit could be conditioned
on dedicating part of the property for flood control and
traffic improvements. |
|
Issue: |
Does the degree of the city's exactions bear the necessary
relationship to the impact of the proposed development? |
|
Holding: |
No. |
|
Rule: |
There must be an essential nexus between the legitimate state
interest and the projected impact of the development. (citing
Nollen, quoting Penn Central). |
|
Reasoning: |
There's no showing here that the bicycle trips generated by the development
necessitate the easement. Maybe it's true, but the city is just
asserting it. |
|
Dicta: |
Dissent: there's no sign that the easement would harm her profitability. |