1 What reasoning was offered by Justice Stevens to support
1. What reasoning was offered by Justice Stevens to support the majority view that the New London development complied with due process requirements?
2. a. What was the issue, the central question, in this case and how did the majority answer that question?
b. How would you expect the dissent to answer that question?
3. From the dissenting point of view, what harm is likely to emerge from this decision?
4. Marilyn and James Nollan applied for a permit to replace their beachfront home with a larger structure. The California Coastal Commission agreed on the condition that the Nollans grant an easement on their beach that would allow the public to cross that property and thus facilitate movement between the public beaches that lay on both sides of the Nollan beach. The Nollans sued, claiming a violation of the Takings Clause. Decide. Explain.
5. Tina Bennis sued when Wayne County (Detroit), Michigan, authorities took the car she jointly owned with her husband after police arrested him for receiving oral sex from a prostitute while parked in the car. A 1925 anti nuisance law permitted the seizure, but Tina Bennis claimed it amounted to an unconstitutional taking because she was an innocent half owner of the 1977 Pontiac for which the couple had paid $600. Bennis’s claim eventually reached the U.S. Supreme Court. Decide the case. Explain.
In 2000 the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas” (843 A.2d 500, 507 [2004]). In assembling the land needed for this project, the city’s development agent has purchased property from willing sellers and proposes to use the power of eminent domain to acquire the remainder of the property from unwilling owners in exchange for just compensation.
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