Dolan v. City of Tigard

In the 1990s, the city of Tigard, Oregon, faced (1) increased traffic of motor vehicles and (2) flooding of streets because of concrete surfaces.

In an effort to lessen auto traffic, the city planned bike paths and sidewalks. Next, to reduce flooding, Tigard required businesses to maintain 15% of their parcels as open space.

Florence Dolan owned a store within the floodplain area of Tigard. She wanted to double her store size & pave her parking lot (which would make rainwater impossible to seep into the ground).

Tigard granted Dolan a building permit with 2 provisos: (1) Dolan would need to deed all her land within the floodplain to the city, & (2) Tigard demand the construction of an extra walkway & bicycle path.