Dolan v. City of Tigard
Encyclopedia
Dolan v. City of Tigard, , more commonly Dolan v. Tigard, was a United States Supreme Court
case argued before the Court in 1994. It was a landmark case regarding the practice of zoning
and property rights, and served to establish limits on the ability of cities and other government agencies, to use zoning and land-use regulations
to compel property owners to make unrelated public improvements.
store in the city of Tigard, Oregon
, applied for a permit to expand the store and pave the parking lot of her store. The city planning commission granted conditional approval, dependent on Dolan dedicating land to a public greenway
along an adjacent creek, and developing a pedestrian and bicycle pathway in order to relieve traffic congestion. The decision was appealed to the Oregon
State Land Use Board of Appeals (LUBA), alleging that the land dedication requirements were not related to the proposed development, and thus constituted an uncompensated taking of her property, which is disallowed by the Fifth Amendment
. LUBA found a reasonable relationship between the development and both conditions of the variance, as the larger building and paved lot would increase runoff into the creek, and the impact of increased traffic justified the requirement for a pathway. The decision was subsequently affirmed by the Oregon State Court of Appeals and the Oregon Supreme Court
. The case was appealed to the Supreme Court of the United States.
In the present case, the Court held that the first condition had been satisfied. However, the Court ruled that the City failed to make an individualized determination that the required dedications are related, in both nature and extent, to the proposed impact. Further, the Court held that the requirement for a public greenway (as opposed to a private one, to which Dolan would retain other rights of property owners, such as the right of exclusive access), was excessive, and that the City failed to meet its burden of establishing that the proposed pathway was necessary to offset the increased traffic which would be caused by the proposed expansion.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case argued before the Court in 1994. It was a landmark case regarding the practice of zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
and property rights, and served to establish limits on the ability of cities and other government agencies, to use zoning and land-use regulations
Exaction
An exaction is a concept in real property law where a condition for development is imposed on a parcel of land that requires part of the land to be dedicated to public use...
to compel property owners to make unrelated public improvements.
Facts
Petitioner Dolan, owner and operator of A-Boy Plumbing & Electrical SupplyA-Boy Plumbing & Electrical Supply
A-Boy Supply is a chain of plumbing and electrical supply stores located in the Pacific Northwest United States. This privately held company is headquartered in Portland, Oregon. The company has 5 stores in Oregon. They specialize in plumbing and electrical supplies, but they also have a mix of...
store in the city of Tigard, Oregon
Tigard, Oregon
Tigard is a city in Washington County, Oregon, United States. The population was 48,035 at the 2010 census. As of 2007, Tigard was the state's 12th largest city. Incorporated in 1961, the city is located south of Beaverton and north of Tualatin, and is part of the Portland metropolitan area...
, applied for a permit to expand the store and pave the parking lot of her store. The city planning commission granted conditional approval, dependent on Dolan dedicating land to a public greenway
Greenway (landscape)
A greenway is a long, narrow piece of land, often used for recreation and pedestrian and bicycle user traffic, and sometimes for streetcar, light rail or retail uses.- Terminology :...
along an adjacent creek, and developing a pedestrian and bicycle pathway in order to relieve traffic congestion. The decision was appealed to the Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
State Land Use Board of Appeals (LUBA), alleging that the land dedication requirements were not related to the proposed development, and thus constituted an uncompensated taking of her property, which is disallowed by the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. LUBA found a reasonable relationship between the development and both conditions of the variance, as the larger building and paved lot would increase runoff into the creek, and the impact of increased traffic justified the requirement for a pathway. The decision was subsequently affirmed by the Oregon State Court of Appeals and the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
. The case was appealed to the Supreme Court of the United States.
Decision
The Supreme Court overturned the state Land Use Board of Appeals and the Oregon appellate courts. The Court held that under the doctrine of unconstitutional conditions, a government agency may not require a person to surrender constitutional rights in exchange for discretionary benefits, where the property sought has little or no relationship to the benefit conferred. A two-prong test was applied: Whether or not there is an "essential nexus" between the permit conditions and legitimate state interest, and whether or not the degree of the exactions required by the permit condition bears the required relationship to the projected impact of the proposed development.In the present case, the Court held that the first condition had been satisfied. However, the Court ruled that the City failed to make an individualized determination that the required dedications are related, in both nature and extent, to the proposed impact. Further, the Court held that the requirement for a public greenway (as opposed to a private one, to which Dolan would retain other rights of property owners, such as the right of exclusive access), was excessive, and that the City failed to meet its burden of establishing that the proposed pathway was necessary to offset the increased traffic which would be caused by the proposed expansion.
External links
- Cornell University School of Law: Dolan v City of Tigard
- public.resource.org: Dolan v City of Tigard
See also
- List of United States Supreme Court cases, volume 512
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court