426
Since 1959, when the Village first adopted a zoning ordinance, all the land surrounding the Viatorian property has been zoned R-3, a single-family specification with relatively small minimum lot-size requirements. His is not a generalized grievance. 387
95, 116-118. Rarely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the "dominant" or "primary" one. [429 Casebriefs is concerned with your security, please complete the following, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, Fundamental Fights Under Due Process And Equal Protection, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, United States Railroad Retirement Board v. Fritz, New York City Transit Authority v. Beazer, United States Department of Agriculture v. Moreno, City of Cleburne, Texas v. Cleburne Living Center, Inc, Personnel Administrator of Massachusetts v. Feeney, Village of Arlington Heights v. Metropolitan Housing Development Corp, Swann v. Charlotte-Mecklenburg Board of Education, Board of Education of Oklahoma City Public Schools v. Dowell, Regents of the University of California v. Bakke.
402 Substantive departures too may be relevant, particularly if the factors usually considered important by the decisionmaker strongly favor a decision contrary to the one reached. V), and by the Housing Authorization Act of 1976, § 2, 90 Stat. U.S. 252, 261] [429 [17], *268 The legislative or administrative history may be highly relevant, especially where there are contemporary statements by members of the decisionmaking body, minutes of its meetings, or reports. Rezoning threatened to cause a measurable drop in property value for neighboring sites. 15 412 ] Petitioners contend that MHDC lacks standing to pursue its claim here because a contract purchaser whose contract is contingent upon rezoning cannot contest a zoning decision in the Illinois courts. U.S. 60, 72
Respondents were allowed, both during the discovery phase and at trial, to question Board members fully about materials and information available to them at the time of decision. A large portion of the site would remain open, with shrubs and trees to screen the homes abutting the property to the east. Legislation is frequently multipurposed: the removal of even a `subordinate' purpose may shift altogether the consensus of legislative judgment supporting the statute.". 3601 et seq.
426 Ultimately, the case wound up before the United States Supreme Court, in Village of Arlington Heights v. Metropolitan Housing Dev.
But there is little about the sequence of events leading up to the decision that would spark suspicion. Two members voted against the motion and submitted a minority report, stressing that in their view the change to accommodate Lincoln Green represented "good zoning." (1970). standing. ] Palmer v. Thompson, Respondents' complaint also alleged that the refusal to rezone violated the Fair Housing Act of 1968, 42 U.S.C. MHDC also submitted studies demonstrating the need for housing of this type and analyzing the probable impact of the development. The plaintiffs in Dailey planned to build low-income housing on the site of a former school that they had purchased. There was simply no evidence of discriminatory intent or purpose behind this decision to deny the rezoning. v. City of Lackawanna, 436 F.2d 108, *260 112 (CA2 1970), cert. Synopsis of Rule of Law. The Village had no other current plans for building low- and moderate-income housing, and no other R-5 parcels in the Village were available to MHDC at an economically feasible price.
United States v. O'Brien, 391 U.S. 367, 381-386 (1968). -376 (1967); Grosjean v. American Press Co., -39 (1973).
208 (1974), and respondents appealed.
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