A zoning ordinance permits single-family homes as of right and permits small day-care centers as conditional uses if the applicant satisfies stated parking, traffic, and noise standards. Applicant satisfies those standar...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...building permit for an apartment building and, before any notice of rezoning, spends $800,000 on foundations and utility work. The city later rezones the parcel to prohibit apartments and orders Owner to stop work. What...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...usiness license, and tells customers that the bakery will reopen. The zoning board claims the nonconforming use was abandoned solely because the bakery was closed. What is the best common-law analysis? The correct answer...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...prior nonconforming uses. NCBE MEE Subject Matter Outline, Common law zoning principles
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...se, and the planning staff found no public need for the change. The rezoning mainly benefits the parcel owner. Which challenge is strongest? The correct answer states the standard concern in spot-zoning challenges. NCBE...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...nt $1.2 million on grading, foundations, and utility lines before any zoning-change notice was published. After neighbors objected to apartment construction, City rezoned Developer A's tract and three surrounding parcels...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...tandards are satisfied, and prohibits restaurants. Developer knew the zoning classification before buying the property. Developer first applied for a use variance to operate a small restaurant, arguing that a restaurant...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...obtaining a use variance. NCBE MEE Subject Matter Outline, Common law zoning principles
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...e grocery was lawful when it opened. Five years later, City adopted a zoning ordinance classifying the neighborhood as single-family residential. The ordinance prohibited retail stores but allowed lawful preexisting nonc...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
A city wins a first lawsuit against one neighborhood resident over a zoning permit. A different resident later files her own suit about the same permit and did not control or agree to be bound by the first suit. Which st...
Citations: Taylor v. Sturgell
In a land dispute, Plaintiff offers a zoning map obtained from the city planning office, where such maps are kept under local law. Defendant objects that the map is not authenticated because no city planner testified. Wh...
Citations: Fed. R. Evid. 901(b)(7)
After Owner buys a coastal lot for home construction, State adopts a regulation prohibiting any economically productive use of the lot. State argues the regulation is valid because it prevents serious erosion and floo...
Citations: NCBE MEE Subject Matter Outline, Lucas v. South Carolina Coastal Council
Builder applied for a permit to construct 40 townhomes on a vacant parcel. The project would add about 300 daily vehicle trips and would increase stormwater runoff into a creek. City approved the permit only if Builde...
Citations: NCBE MEE Subject Matter Outline, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
City ordinance requires every apartment owner to allow City to install a small permanent emergency antenna on each building's roof. Owner objects and seeks compensation. What is the best takings analysis? The correct...
Citations: NCBE MEE Subject Matter Outline, Loretto v. Teleprompter Manhattan CATV Corp.
City will issue a building permit for a 20-unit apartment project only if Owner dedicates a public path across the parcel and pays a traffic-impact fee. Owner challenges the permit conditions as unconstitutional exact...
Citations: NCBE MEE Subject Matter Outline, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
County adopts an 18-month moratorium on new subdivision approvals while it studies traffic and water-capacity limits. Landowner claims the moratorium is automatically a compensable taking because it temporarily preven...
Citations: NCBE MEE Subject Matter Outline, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
...00 intending to build three rental cottages. At the time of purchase, zoning allowed the cottages. Two years later, after severe storms damaged nearby dunes, County enacted an emergency coastal ordinance. The ordinance p...
Citations: NCBE MEE Subject Matter Outline, Lucas v. South Carolina Coastal Council, Penn Central Transportation Co. v. New York City, Loretto v. Teleprompter Manhattan CATV Corp.
...acant lot was zoned for apartments. Unknown to either party, a recent zoning amendment made apartment construction illegal. The contract did not mention zoning, but the buyer had declined the seller's offer to include an...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154
...could be used for a four-unit apartment building. Unknown to both, a zoning amendment adopted the week before signing limited the parcel to single-family use. The zoning issue materially reduced the parcel's value for t...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
...t period on agenda items. A resident signs up to criticize a proposed zoning change as corrupt. The council chair bars the comment because "attacks on city officials are not welcome," while allowing other residents to pr...
Citations: U.S. Const. amend. I, Rosenberger v. Rector and Visitors of University of Virginia, Good News Club v. Milford Central School
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