Constitutional Law Keyed to Chemerinsky
Dolan v. City of Tigard
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Respondent codified a development plan in its land use regulations. In particular, the code requires that businesses located within the Central Business district devote 15% of their land to open space and landscaping. Respondent later noted that automobile traffic was increasing and decided to encourage alternative methods of transportation by building a bicycle and walking path along the business corridor. This goal was achieved by requiring new business development to donate land for the pathway. Respondent also adopted a Master Drainage Plan for the flood plain located around the creek. Petitioner owns a plumbing and electric supply store in the Central Business District and within the 100-year flood plain. She applied for a permit to double the size of her establishment. Respondent approved the permit, but conditioned it on the dedication of 7,000 square feet, approximately 10%, of Petitioner’s property for easements.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.