AICP Law Cases Exam Questions and
Answers7
Mugler v Kansas - ANSWERS-1887, 14th amendment due process case which rules that Kansas
could prohibit sale of alcohol based on police power.
Welch v Swasey - ANSWERS-1909, Boston can impose different height limits on buildings in
different districts
Eubank v City of Richmond - ANSWERS-1912, A zoning ordinance establishing building setback
lines was held unconstitutional and not a valid use of the police power; violates the due process
of law and is therefore unconstitutional under the 14th amendment.
Hadacheck v Sebastian - ANSWERS-1915, Supreme Court upheld Los Angeles case prohibiting
establishment of a preexisting brickyard declared a "public nuisance."
Pennsylvania Coal Company v Mahon - ANSWERS-1922, Supreme Court indicated for the first
time that a regulation of land use might be a taking if it goes too far.
Village of Euclid v Ambler Realty Co - ANSWERS-1926, Established zoning as a legal use of police
power by local government. The main issue in this case was "nuisance," and that a certain use
near a residence could be considered "a pig in a parlor." Argued by Alfred Betteman, future 1st
president of the ASPO.
Nectow v City of Cambridge - ANSWERS-1928, Court found for Nectow and against a provision
in Cambridge's zoning ordinance based on the due process clause. However, it did NOT overturn
Euclid. This was the last zoning challenge to come before the Supreme Court until...
, Berman v Parker - ANSWERS-1954, Established aesthetics and redevelopment as valid public
purposes for exercising eminent domain. Washington D.C. took private property and resold to a
developer to achieve objectives of an established redevelopment plan.
Jones v Mayer - ANSWERS-1968, Ruling that discrimination in selling houses was not permitted
based on the 13th Amendment and Section 1982 abolishing slavery and creating equality for all
U.S. citizens.
Cheney v Village 2 at New Hope - ANSWERS-1968, Legitimized planning unit development (PUD)
process.
Golden v Planning Board of the Town of Ramapo - ANSWERS-1972, NY State Court of Appeals
case that upheld a growth control plan based on the availability of public services. Case further
emphasized the importance of the Comp Plan and set the scene for nationwide growth
management plans.
Citizens to Preserve Overton Park v Volpe - ANSWERS-1971, Established hard look doctrine for
environmental impact review. Section 4(f) DOT Act of 1966 -- park use ok if no "feasible and
prudent" alternative and "all possible planning to minimize harm."
Calvert Cliff's Coordinating Committee v Atomic Energy Commission - ANSWERS-1971, Made
National Environmental Policy Act (NEPA) requirements judicially enforceable.
Sierra Club v Morton - ANSWERS-1972, Opened up environmental citizen suits to discipline
resource agencies.
Just v Marinett County - ANSWERS-1972, Significantly integrated public trust theories into a
modern regulatory scheme. Shoreland zoning ordinance along navigable streams and other
water bodies upheld.
Answers7
Mugler v Kansas - ANSWERS-1887, 14th amendment due process case which rules that Kansas
could prohibit sale of alcohol based on police power.
Welch v Swasey - ANSWERS-1909, Boston can impose different height limits on buildings in
different districts
Eubank v City of Richmond - ANSWERS-1912, A zoning ordinance establishing building setback
lines was held unconstitutional and not a valid use of the police power; violates the due process
of law and is therefore unconstitutional under the 14th amendment.
Hadacheck v Sebastian - ANSWERS-1915, Supreme Court upheld Los Angeles case prohibiting
establishment of a preexisting brickyard declared a "public nuisance."
Pennsylvania Coal Company v Mahon - ANSWERS-1922, Supreme Court indicated for the first
time that a regulation of land use might be a taking if it goes too far.
Village of Euclid v Ambler Realty Co - ANSWERS-1926, Established zoning as a legal use of police
power by local government. The main issue in this case was "nuisance," and that a certain use
near a residence could be considered "a pig in a parlor." Argued by Alfred Betteman, future 1st
president of the ASPO.
Nectow v City of Cambridge - ANSWERS-1928, Court found for Nectow and against a provision
in Cambridge's zoning ordinance based on the due process clause. However, it did NOT overturn
Euclid. This was the last zoning challenge to come before the Supreme Court until...
, Berman v Parker - ANSWERS-1954, Established aesthetics and redevelopment as valid public
purposes for exercising eminent domain. Washington D.C. took private property and resold to a
developer to achieve objectives of an established redevelopment plan.
Jones v Mayer - ANSWERS-1968, Ruling that discrimination in selling houses was not permitted
based on the 13th Amendment and Section 1982 abolishing slavery and creating equality for all
U.S. citizens.
Cheney v Village 2 at New Hope - ANSWERS-1968, Legitimized planning unit development (PUD)
process.
Golden v Planning Board of the Town of Ramapo - ANSWERS-1972, NY State Court of Appeals
case that upheld a growth control plan based on the availability of public services. Case further
emphasized the importance of the Comp Plan and set the scene for nationwide growth
management plans.
Citizens to Preserve Overton Park v Volpe - ANSWERS-1971, Established hard look doctrine for
environmental impact review. Section 4(f) DOT Act of 1966 -- park use ok if no "feasible and
prudent" alternative and "all possible planning to minimize harm."
Calvert Cliff's Coordinating Committee v Atomic Energy Commission - ANSWERS-1971, Made
National Environmental Policy Act (NEPA) requirements judicially enforceable.
Sierra Club v Morton - ANSWERS-1972, Opened up environmental citizen suits to discipline
resource agencies.
Just v Marinett County - ANSWERS-1972, Significantly integrated public trust theories into a
modern regulatory scheme. Shoreland zoning ordinance along navigable streams and other
water bodies upheld.
