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Constitutional Law Keyed to Chemerinsky
Dolan v. City of Tigard
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- 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. Review the Facts of this case here:
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.
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