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Property Keyed to Merrill
Dolan v. City of Tigard
Citation:
512 U.S. 374
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The City of Tigard, Oregon, a suburb of Portland, adopted land use plans that were designed to reduce congestion in the central business district and limit flood damage that periodically occurred along the Fanno Creek. Petitioner Florence Dolan owned a plumbing and electric supply store that abutted Fanno Creek. When she sought a permit to double the size of her store and pave over the parking lot, the City Planning Commission indicated that it would grant the permit only if she agreed to dedicate a portion of her property int he 100-year floodplain of the creek as a “greenway.” Dolan challenged the required dedications – which constituted roughly 10% of per property – as an unconstitutional taking.
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