ABSTRACT
In Dolan v. City of Tigard, 512 US 374 (1994), the US Supreme Court considered the balance between zoning regulations and the Takings Clause. Florence Dolan sought to expand her hardware business by extending her building and paving a parking lot for her customers. Dolan refused the permit requirements and sued the city. She claimed that Tigard was taking her property without compensation. The Supreme Court agreed. In his opinion for the five-member majority, Chief Justice William H. Rehnquist referred to the Court's opinion in Nollan v. California Coastal Commission, 483 US 825. In Dolan, Chief Justice Rehnquist agreed that preventing flooding and reducing traffic congestion were proper public purposes for the city to have. He also agreed that there was a close connection between the setting aside of some property to handle the greater traffic congestion and flood problems created by the expansion of the business.
