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Dolan v. City of Tigard

512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994)

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Dolan v. City of Tigard

United States Supreme Court

512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994)

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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 may have been caused 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 (Stevens, J.)

Dissent (Souter, J.)

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