Constitutional Law Keyed to Cohen
Dolan v. City of Tigard
CaseCast™ – "What you need to know"
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. Review the Facts of this case here:
Dolan owned a plumbing and electric supply store in the Central Business District. She wanted to double the size of the store and create more parking. Her plans were consistent with the city’s zoning scheme. The City granted the permit application subject to her dedicating the portion of her property lying within the 100-year floodplain for improvement of a storm drainage system along the creek and she would dedicate an additional 15-foot strip of land adjacent to the floodplain for a pedestrian/bicycle pathway. This would be 10% of her property. She could use that to meet the 15% open space requirement. The owner of a store wanted to expand. The city said that the owner could expand but the owner would need to deed to the public a 15-foot strip of land that would be used as a bike path. Dolan applied for variances because she argued that her proposed development would not conflict with the policies of the comprehensive plan. The City Planning Commission denied her request. Th e Commission’s decision was approved by the Tigard City Council. Petitioner appealed the decision to the Land Use Board of Appeals (LUBA) on the ground that the city’s dedication requirements were not related to the proposed development, and that, therefore, the requirements were a taking within the meaning of the Fifth Amendment. LUBA found a reasonable relationship between the proposed development and the requirements imposed. The Oregon Court of Appeals and the Oregon Supreme Court affirmed. Petitioner appealed.
- 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.