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question

A company got a building permit to construct a total of 300 apartment units to be contained in three high-rise buildings on its 7-acre property. A group of adjoining landowners who owned single-family residences sued for an injunction, alleging various environmental violations. The developer did not have a significant investment at that point, and decided to stop the construction.Shortly thereafter, the city passed a comprehensive new citywide zoning law that re-zoned the subject property and some large tracts of adjoining land to low-density residential, allowing one residence for each 4.6 acres. This destroyed the multi-unit plan and the city cancelled the permit, which the developer did not appeal.The developer's land value decreased from 2millionto2 million to 100,000.The developer sued the city in federal court on the basis that this was illegal spot zoning constituting a taking in violation of due process.Will the developer prevail with his federal constitutional claim?
Plain-text mathematical notation (without MathML)
A company got a building permit to construct a total of 300 apartment units to be contained in three high-rise buildings on its 7-acre property. A group of adjoining landowners who owned single-family residences sued for an injunction, alleging various environmental violations. The developer did not have a significant investment at that point, and decided to stop the construction.Shortly thereafter, the city passed a comprehensive new citywide zoning law that re-zoned the subject property and some large tracts of adjoining land to low-density residential, allowing one residence for each 4.6 acres. This destroyed the multi-unit plan and the city cancelled the permit, which the developer did not appeal.The developer's land value decreased from 2millionto100,000.The developer sued the city in federal court on the basis that this was illegal spot zoning constituting a taking in violation of due process.Will the developer prevail with his federal constitutional claim?
Original LaTeX notation
A company got a building permit to construct a total of 300 apartment units to be contained in three high-rise buildings on its 7-acre property. A group of adjoining landowners who owned single-family residences sued for an injunction, alleging various environmental violations. The developer did not have a significant investment at that point, and decided to stop the construction.Shortly thereafter, the city passed a comprehensive new citywide zoning law that re-zoned the subject property and some large tracts of adjoining land to low-density residential, allowing one residence for each 4.6 acres. This destroyed the multi-unit plan and the city cancelled the permit, which the developer did not appeal.The developer's land value decreased from $2 million to $100,000.The developer sued the city in federal court on the basis that this was illegal spot zoning constituting a taking in violation of due process.Will the developer prevail with his federal constitutional claim?

choices

  1. Yes, the state cannot cause such a dramatic diminution in an owner's property without paying just compensation.
  2. Yes, because he got a building permit and justifiably relied on that approval €“ the rezoning was an illegal act once it granted a building permit.
  3. Yes, because the developer's loss was caused by discriminatory spot zoning that took its property without due process.
  4. No, this was a comprehensive new zoning plan that rezoned the entire city; the developer shared the loss with the adjoining owners who were also rezoned.

subject

professional_law

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task_id
5e545a2c-7ec5-501e-9929-3513e6230cb8
task_key
all--test--5e545a2c-7ec5-501e-9929-3513e6230cb8
task_revision_id
1
config / split
all / test

Official source

initial import