Dolan v. City of Tigard

1994

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.