COUNCIL, TRUSTEE FOR JBS CONTRACTING, INC.
v.
ANJO CONSTRUCTION CO.

U.S. | 1995-05-15
No. 94-1535
514 U.S. 1109 Supreme Court of the United States (1995) Positive Treatment
Cited by 2 cases

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  • Askew v. City OF Rome, 127 F.3d 1355 (11th Cir. 1997)
    …circumstance, then, incumbency must play an unusually important role in the election at issue; a contrary rule would confuse the ordinary with the special, and thus ‘make practically every American election a special circumstance’.”), cert. denied, 514 U.S. 1109, 115 S.Ct. 1960, 131 L.Ed.2d 851 (1995). Incumbency is, moreover, far from a guarantee of electoral success, particularly in a multiple seat system in which candidates rarely run for reelection unopposed. Rather, the Court concludes that these app…
  • …nce was clearly a “legislative enactment,” the court applied Dolan’s rough proportionality test. 124 Wash. 2d, at 274, 877 P. 2d, at 194. See also Manocherian v. Lennox Hill Hospital, 84 N. Y. 2d 385, 393, 643 N. E. 2d 479, 483 (1994), cert. denied, 514 U. S. 1109 (1995) (applying Dolan to alleged legislative taking). It is hardly surprising that some courts have applied DolapJs rough proportionality test even when considering a legislative enactment. It is not clear why the existence of a taking should [*11…

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