Facts of the Case
The owner of a plumbing and electrical supply store in Tigard, Oregon received conditional approval from the city planning commission to expand her store and pave its parking lot. However, the commission made the permit contingent on her making contributions to public lands. These included dedicating land along a creek for public use, as well as helping the city alleviate traffic by creating a pathway for bicycles and pedestrians. Since the requirements seemed unrelated to Dolan's store and parking lot, she appealed the decision to the Oregon State Land Use Board of Appeals. The Board managed to identify a relationship between the permit and the requirements, stating that the expansions to her store and the area around it could increase the runoff into the creek as well as the traffic in the area. Contending that the conditions on the permit were an unconstitutional taking of property under the Fifth Amendment, Dolan was denied at all levels of state courts.
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