Rogers Machinery Co. v. City of Tigard
- Case Date: 12/16/2002
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On March 10, 2003, the U.S. Supreme Court declined to review a lower court decision that upheld the right of local governments to impose monetary exactions on property owners as a condition on the development of property. The decision was a setback for WLF, which filed a brief urging the Court to review the case. WLF argued that such exactions violate the Fifth Amendment's Takings Clause unless the exaction is roughly proportional to some burden imposed on government services by the proposed development. In this case, the lower court denied the property owner's claims, even though the owner's proposed activities imposed no burden on government services.
More Information and Downloads:
12/16/2002: Download the Brief
Litigation Update: Supreme Court Declines Review Of Oregon Development Fee Case
Press Release: Supreme Court Urged To Review Oregon Development Fee Case