Property 2 Short Outline

Property 2 Short Outline - Property 2 Short Outline A....

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Property 2 Short Outline A. Nuisance a. b. Test -gravity of harm to Π (DBUT) and utility of Δ’s conduct (SIV) c. Remedies -injunction, permanent damages/CI (pay neighbor), injunction+damages (pay nuisancer) B. C. Zoning/Regulation Validity a. based on police power to regulate phsmw; Map & Text; b. consider -zoning, permits required, standards and process for approval, environmental regs c. to survive - DP -fair/rational, not arbitrary/capricious; EP -treat similarly situated people similarly d. Euclid -generally zoning must have a reasonable/rational relationship to p.h.s.m.w. (also Nectow ) i. heightened scrutiny - racial discrim. (intent[BIDL] + narrowly tailored) and irrational fears/prejudices (CHIV) and growth controls (ECA) e. 3 factors -also consider the denominator , if the claim is ripe , and the remedy (temporary takings) D. Administrative Decisions/Permits (
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This note was uploaded on 04/18/2011 for the course LAW 101 taught by Professor Many during the Spring '11 term at University of Louisville.

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Property 2 Short Outline - Property 2 Short Outline A....

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