Crucial Exams

Multistate Bar Examination Practice Question

A property owner purchased a parcel of land in a municipality with a zoning ordinance that restricted the area to single-family residential use. After conducting a detailed feasibility study, the owner submitted an application for rezoning the parcel to allow for multi-family residential use to build a small apartment complex. The town planning commission denied the application, stating that the current zoning plan was sufficient to meet the municipality's needs. The property owner claims the denial is unfair and prevents them from using the land economically. Which of the following is the most relevant legal principle to determine whether the zoning restriction can be upheld?

  • Whether an environmental impact study should have been conducted before the denial decision

  • Whether the property owner’s economic loss outweighs the zoning restriction’s benefits

  • Whether the denial constitutes a regulatory taking requiring governmental compensation

  • Whether the zoning restriction promotes public health, safety, and general welfare

Multistate Bar Examination
Real Property
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