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MMLU / A state's constitution reserves to the people of each municipality in the state…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A state's constitution reserves to the people of each municipality in the state the power of referendum with respect to all questions that the municipality is authorized to control by legislation. A real estate developer applied for a zoning change to permit construction of a convalescent home on land he owned in a city within the state. While the application was pending, the city charter was amended by popular vote so as to require that any changes in land use agreed to by the city council be approved by a 55% vote in a referendum. The city planning commission and the city council both approved the proposed zoning change. However, the real estate developer's subsequent application for approval for a proposed home on the grounds was rejected because the rezoning action had not been submitted to a referendum. In an action brought in state court seeking a judgment declaring the city charter amendment invalid, the court will most likely declare the amendment

choices

  1. unconstitutional, as violation of the real estate developer's due process rights.
  2. unconstitutional, as an unlawful delegation of legislative power to a regulatory body.
  3. constitutional, as a valid exercise of the city's police power.
  4. constitutional, as a valid exercise of a power reserved by the people to themselves.

subject

professional_law

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Source and history

task_id
73434aaf-5d4f-5857-bbb6-21533598016b
task_key
all--test--73434aaf-5d4f-5857-bbb6-21533598016b
task_revision_id
1
config / split
all / test

Official source

initial import