Dolan v. City of Tigard Brief

Dolan v. City of Tigard114 S.Ct. 2309U.S. Supreme CourtJune 24, 1994FactsDolan sought to expand her business at bottom her own property. She applied to the metropolis for a permit to do so, and was granted one with conditions imposed by the City readiness Commission (CDC).

The CDC required that the petitioner dedicate a constituent of her property lying within the ?100-year flood plain? for improvement of a storm drainage system along Fanno Creek, as swell up as a 15-foot strip of land adjacent to floodplain to be used as a bicycle and commonplace walkway.

Procedural HistoryThe petitioner requested variances from CDC standards and was denied. The Oregon Court of Appeals support the denial, after which the Supreme Court granted certiorari.

IssuesOne proceeds is if in that respect is an ?essential nexus? between the ?legitimate state occupy? and the permit condition applied by the city. The second issue is whether the exactions demanded by the city?s permit conditions is roughly proportional to the needs created by the development.

Arguments of the PartiesDolanDolan argues that ?the city?s dedication requirements were not related to the proposed development, and, therefore, those requirements constituted taking of their property under the fifth Amendment.

City of TigardThe city argued that Dolan?s development would create to a greater extent storm-water flow, which the dedication was meant to offset.



The city also states that the bicycle/pedestrian nerve pathway could ?Offset some of the traffic demand (nearby)? that Dolan?s amplification would likely create.

HoldingsThe majority held ?that the findings upon which the city relies o not express the required reasonable kind to require petitioner to result some alternative greenway space for the public.? It also held that the city?s findings ?do not show the required relationship between the (easement) and the petitioner?s proposed new building.?Reasoning of the CourtThe hail reasoned that the City of Tigard failed to prove a...

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