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Property Law Keyed to Dukeminier
Fisher v. Giuliani
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*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:
This is an appeal involving a challenge to zoning amendments affecting the Manhattan Theater District. The petitioners allege that the City was required to prepare an Environmental Impact Statement prior to implementing changes to the New York City Zoning Resolution (ZR). In 1983 New York City amended the ZR in response to the destruction of several theaters creating a new “Theater Subdistrict” that restricted the demolition of designated theaters and attempted to make them more viable by permitting the transfer of development rights to nearby parcels. The 1998 amendments authorized the transfer of development rights from designated theaters to receiving sites anywhere within the Theater Subdistrict and included an as-of-right transfer mechanisms and zoning incentives. The DCP examined several environmental factors such as the density of particular sites and the impact on traffic, air quality and transit.
- 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.