SUMMARY OF CLASS
FASANO (CONT.)
TWO ASPECTS: (1) EFFECT ON
ABILITY TO REZONE – CHANGE,
OTHER PROPERTY, ETC. (2)
EFFECT ON LOCAL PROCEDURES
ETHICAL CONSTRAINTS: CONVERY
INTERFERENCE WITH QUASIJUDICAL PROCEEDING
SUMMARY (CONT.)
CAMPAIGN CONTRIBUTIONS?
SUBSTANTIAL EVIDENCE TEST
APPLIED IN SUNDERLAND
ROLE OF THIRD PARTIES’ FEARS
THE ADMINISTRATIVE RECORD
SLAPP SUITS
WHAT IS A “STRATEGIC LAWSUIT
AGAINST PUBLIC PARICIPATION?
METHODS OF DEALING WITH “SLAPP”
SUITS
N.Y. STATUTE: CIV. RIGHTS L. §70-a.
BALANCING OF INTERESTS AND
FAIRNESS
JUDICIAL REVIEW IN FEDERAL
COURT
CIVIL RIGHTS ACTS
42 U.S.C. § 1983
PROCEDURAL DUE PROCESS
SUBSTANTIVE DUE PROCESS
UNITED ARTISTS: THE DISPUTE
1.
2.
3.
4.
5.
6.
7.
Jan. 1996: UA APPLICATION
Jan. . 1997: GOODMAN APPLICATION
Feb. 1997: GOODMAN PREL. APPROVAL
Mar. 1997: UA PRELIMN APPROVAL
Precondition/waiver/easement/
Fee issue
May 1997: Goodman final
BOARD TABLES UA VOTE 3 TIMES
Sept. 1997: UA FINAL APPROVAL
SUBSTANTIVE DUE PROCESS: THE
TEST
IMPROPER MOTIVE
2. SHOCKS THE CONSCIENCE
IS ONE MORE STRINGENT THAN THE
OTHER?
REASON FOR ADOPTION OF TESTS
1.
APPLIED HERE TO UA FACTS
TAKINGS: INTRODUCTION
1. IMPORTANCE OF THE COMPETING
CONSIDERATIONS
2. PRIVATE PROPERTY v. PUBLIC
INTEREST
3. “EXTREME” CASES (OR ARE
THEY?)
TAKINGS INTRO (CONT.)
4. YOUR GOALS IN APPROACHING
THE TAKINGS MATERIAL
UNDERSTAND THE CASES AND
HOLDINGS
UNDERSTAND THE FACTORS THAT
THE COURTS FIND IMPORTANT
5. BE AWARE OF THE CATEGORIES
FEES/ PHYSICAL OCCUPATION/
REGULATORY TAKINGS
PENNSYLVANIA COAL: THE
MAJORITY OPINION
EFFECT OF THE REGULATION
THE HOLMESIAN FRAMEWORK
1. CAN GOV’T REGULATION
DIMINISH PROPERTY RIGHTS AT
ALL?
2. WHEN DOES A DIMINUTION GO
“TOO FAR”?
MAJORITY: THE END
BALANCING
“THE STATUTE DOES NOT
DISCLOSE A PUBLIC PUBLIC
INTEREST SUFFICIENT…”
NO “AVERAGE RECIPROCITY
OF ADVANTAGE”
PENN. COAL: THE DISSENT
COMPARE:
1. THE PUBLIC INTEREST INVOLVED
PROHIBITING NOXIOUS USES
2. EXTENT OF THE DIMINUTION
COMPARE VALUE OF ALL OTHER
PARTS OF THE LAND
3. BALANCING
PROTECTION OF PUBLIC HEALTH
THE MODERN MODEL
PHYSICAL TAKINGS
LORETTO
SIZE OF TAKING DOES NOT MATTER
WHAT IF BUILDING INCREASED IN
VALUE?
USE OF NOLLAN-DOLAN TO SOLVE