Reference no: EM13846578

(2) Discuss whether the court should held to constitute or not constitute a regulatory taking for each of the following situations:

(a) The City of Diamonds enacted an ordinance providing for the dimensions of freestanding signs within the city limits at minimum 2 feet in height by 2 feet wide and maximum 4 feet in height by 4 feet wide, requiring a business owner to replace her business sign;

(b) The City of Lakes enacted an ordinance prohibiting all types of billboards along city streets within any residential area within city limis;

(c) The Big Rock Development Corporation applied for and it was denied the permit to mine precious stones that lay beneath a track of wetlands it owns in the State of Michigan.

(d) Brown owns 10 acres of vacant land within the City of Joy city limits. Brown purchased the land two years ago with the plan to divide the land into 2 parcels of 5 acres each and build a home on each lot. Recently, the City of Joy amended its zoning codes restricting the minimum buildable lots to 6 acres.

(3) Dr. Smart taught art courses at the Brilliant State University, a public university, last year pursuant to a 1-year, non-tenured contract. After the contract ended, for unknown reasons the university failed to offer a new contract. Dr. Smart is upset and feels that her constitutional rights have been violated. Is she correct to believe that her procedural due process was violated?

(4) The State of Clean Lands established a law to ban the importation of waste generated out of state limits because it feels that the state's landfills are becoming too full at a very rapid pace. Many landfill operates under contract with out-of-state waste generators filed a lawsuit against the state to declare the statute unconstitutional and thus void. What are some strong arguments that each side can offer in this lawsuit. What is the likely outcome of the case and why?

(5) Richman owns a river front parcel of land in the State of Sunlight within the City of Purls. He was planning to build boat dock with boat slips along the river front of his property. Before he can execute his plan, the city changed its zoning ordinance to prohibit the building of structures of any kind within 50 feet of any natural body of water, including rivers, lakes, and streams. Richman claims that his constitutional rights have been violated. What is the basis of his claim and what should be the outcome if he sues the city?

(6) The City of Publics wants to expend the only city park available to its residents. The city officials approached the 3 land owners adjacent to the city park to purchase their property. One of the property owners refused to cooperate with the city and sell his land because he thinks the land will be wasted as a city park due to the decline of its population. Under what grounds and terms can the city acquire the property owners land? Will the city be successful with this plan?