Dolan v. City of Tigard
United States Supreme Court
512 U.S. 374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994)
- Written by Megan Petersen, JD
Facts
Dolan (plaintiff) owned a property located adjacent to and partially on a creek’s 100-year floodplain. She operated a store on part of the property, and she wished to redevelop the store, doubling its size and paving her gravel parking lot. In doing so, she would increase the impervious surface on the property and, as a result, storm water runoff. The City of Tigard (defendant) granted her a permit to complete the redevelopment, subject to conditions that required Dolan to (1) dedicate the portion of the property within the floodplain to a recreational public greenway designed to minimize flood damage and (2) dedicate a segment adjacent to the floodplain to the development of a pedestrian/bicycle pathway in order to reduce traffic congestion in town that might be cause by her larger store. Dolan appealed the city’s decision to the Land Use Board of Appeals, which affirmed the decision. The Oregon Court of Appeals also affirmed the decision, as did the Oregon Supreme Court. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Rehnquist, J.)
Dissent (Souter, J.)
Dissent (Stevens, J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
