Opinion

Dolan v. City of Tigard

  • 319 Or. 567
  • 877 P.2d 1201
  • 1994 Ore. LEXIS 77
Court
Oregon Supreme Court
Filed
Aug 11, 1994
Status
Published
On the bench
Per Curiam
Cited by
2 cases
Authority
More cited than 65.5%

The opinion

*569

PER CURIAM

This case is before us on remand from the Supreme Court of the United States.

Dolan v. City of

Tigard, _ US _, 114 S Ct 2309 , 129 L Ed 2d 304 (1994).

On review, this court upheld the City of Tigard’s dedication requirements that had been imposed as a condition of approval of Dolan’s application to construct a larger store on her property, holding that the conditions did not amount to an unconstitutional taking of Dolan’s property in violation of the Fifth Amendment to the Constitution of the United States.

Dolan v. City of Tigard,

317 Or 110 , 854 P2d 437 (1993),

affirming

113 Or App 162 , 832 P2d 853 (1992).

On

certiorari,

the Supreme Court of the United States reversed, holding that the City of Tigard’s findings supporting the conditions did not meet the constitutional requirement of demonstrating “rough proportionality” between those conditions and the nature and extent of the impact of the proposed development. 114 S Ct at 2322 . The Court remanded the case for further proceedings consistent with its opinion.

Ibid.

The decision of the Court of Appeals and the order of the Land Use Board of Appeals are reversed. The case is remanded to the City of Tigard for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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