05-06 Spring - Property - Cases
Terms
undefined, object
copy deck
- High Penn
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Nuisance Case
Oil factory held to be a nuisance.
- A lawful entity can becomse a nuisance even w/o negligence.
- Intentional v. Unintentional nuisance
-Damages were issued - Estancias
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Nuisance Case
Air conditioner noise held to be a nuisance.
- An injunction was issued - Boomer
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Nuisance Case
Concrete factory held to be a nuisance
-injunction was issued that D could buy off. - Spur v. Dell Webb
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Nuisance Case
Feed lot held to be a nuisance.
-Coming to the nuisance case.
-injunction issued, P forced to indemnify cost of D moving or shutting down. - 1st Church of Christian Scientists
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Servitudes/Easements Case
The church parking lot
-You CAN reserve an easement for a 3rd person - Holbrook v. Taylor
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Servitudes/Easements Case
The $25,000 house
-Easement by Estoppel case.
-Easement is created by estoppel if there is considerable expense by dominant tenement w/ at least "tacit approval" by Servient tenement. - Van Sandt
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Servitudes/Easements Case
The Sewer Case
-Implied easement
-Implied easement created by C.A.R.E.
-(Continuous use, Apparent use, Reasonable necessity, Existing when divided) - Othen v. Rosier
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Servitudes/Easements Case
Built dyke in the road
-P use of roadway was a permissive license, when no easement was created by other means. - Lutheran Conference Camp
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Servitudes/Easements Case
Lake Naomi
-When easement (in gross) is held by multiple people all must agree to transfer the easement - Brown v. Voss
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Servitudes/Easements Case
An easement to get to B, but not to C.
-Scope of easements are VERY strict. - Preseault
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Servitudes/Easements Case
Rails to Trails case
-Scope of an easement can be changed, so long as it is consistent w/ the original grant.
-For an easement to be abandoned requires (1) nonuse and (2) acts conclusively manifesting intent to abandon. - Tulk
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Servitudes/Covenants Case
THE equitable servitude case
-Got rid of privity requirement.
-P.I.N.T.
-Privity, Intent, Notice, Touching. - Sanborn
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Servitudes/Covenants Case
Inquiry Notice Case
-Restrictive Covenants run with the land
-Subsequent owner, even w/o notice, is put to inquiry notice when using lot in a different manner than surrounding subdivisions. - Neponsit
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Servitudes/Covenants Case
Touch and Concern the land/Homeowners Association/PINT
-PINT required to make covenant run with the land.
-Privity/Intent/Notice/Touch - Community of Damien
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Servitudes/Covenants Case
AIDS halfway house
-Unclear covenant interpreted in favor of free use of land. - Shelly v. Kraemer
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Servitudes/Covenants Case
Keeping Blacks Out
-held the covenant WASN'T violative of EPC
-held the courts enforcing the covenant WAS violative of EPC - Truskolaski
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Servitudes/Covenants Case
Subdivision won't chang unless all change
-Subdivision's covenants apply equally to all, regardless of change in use/surroundings of SOME of the lots.
-Covenants are enforceable if the original purpose of ALL the restrictions has not been thwarted. - Nahrstedt
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Servitudes/Covenants Case
BooBoo the Cat
-Covenants are presumed valid - Euclid
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Zoning Case
-It is w/in city police power to have zoning.
-Zoning must have clear plan
-For ordinance to be unconstitutional it must be AUPSMGW (Arbitrary and Unreasonable w/o relation to Public health, Safety, Morals, or General Welfare) - Moon
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Zoning Case
Adult Bookstore/Preexisting business
-Amortization is usually valid
-Amortization in this case is not valid under the state's constitution w/o compensation. - Commons v. Westwood
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Zoning Case
Undersized Lot/Insufficient Frontage
-There is possibility that denial of a zoning variance will zone property into inutility so that exercise of eminent domain will be called for and compensation must be paid - Cope v. Brunswick
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Zoning Case
Detailed Statement of Policy
- Power to regulate private property requires a sufficiently detailed statement of policy. - State v. Rochester
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Zoning Case
Spot Zoning
-Comprehensive zoning plans are just guidelines
-Zoning plans are not arbitrary if slightly varied w/ a rational basis. - Stoyanoff v. Berkeley
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Zoning Case
The ugly house
-Aesthetic Zoning is OK - Issaquah
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Zoning Case
"Drive Downtown and look" case
-Aesthetic zoning ordinances must be sufficiently clear. - Ladue
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Zoning Case
The political signs case
-Political speech is protected.
-Banning all signs on property is violation of free speech. - Belle Terre
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Zoning Case
The College Kids
-Majority said that putting a special limit on unrelated members in a single family dwelling different from related members is OK
-Dissent says it isn't OK. - Edmonds v. Oxford House
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Zoning Case
Population Density Control
-Zoning cannot treat related and unrelated "families" differently.
-If a limit is intended to control density, it must put a limit on related family members as well. - Hawaii Housing v. Midkiff
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Takings Case
Hawaiian land redistribution
-Taking of leaseholds for redistribution is OK, since it's a legitimate public purpose. - Loretto
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Takings Case
Cable Box Case
-A Permanent Physical occupation is a taking no matter how insignificant. - Poletown
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Takings Case
land for GM plant
-Gov't taking of land weighed benefit to the community against the detriment of those displaced. - Hadacheck
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Takings Case
Taking a nuisance
-If a property is a nuisance the gov't can take it w/o compensation - Penn Central
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Takings Case
Landmark Law Case
-Preservation of history is a legitimate public interest.
-Balancing test of Public Good v. Owners harm. - Pennsylvania Coal
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Taking Case
Investment Backed
a state statute that substantially furthers important public policies may so frustrate distinct investment-backed expectations as to constitute a “taking.†- Lucas
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Takings Case
100% Taking
-If ordinance takes all value of property the gov't must pay as a taking. - Nollan
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Takings Case
Exaction
-State required an easement.
-State must pay
-An exaction is valid if it is related to a valid public use. - Dolan
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Takings Case
Exaction/Flood Plane/Bike Path
-There must be a reasonable nexus b/w the condition and the restriction for an exaction to be valid. - First English Evangelical
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Takings Case
Temp Taking
-A temporary taking is a taking and must be compensated for. - Lingle
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Takings Case
Synthesis case
Takings Test: LLP
(Loretto, Lucas, Penn Central)