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Dolan v. City of Tigard
''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.
==Facts==
Petitioner Dolan, owner and operator of A-Boy Plumbing & Electrical Supply 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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