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Results for “Takings and Land Use Delaware Bar Exam Topic Index”

24 catalog matches
Question Delaware Essays | Takings | ESSAY Hard

Owner owns two adjoining coastal lots purchased in separate years. Lot A contains a beach house. Lot B is undeveloped...

...allback regulatory-taking analysis. This essay tests total regulatory takings and the background-principles exception. https://supreme.justia.com/cases/federal/us/505/1003/, https://supreme.justia.com/cases/federal/us/58...

Citations: https://supreme.justia.com/cases/federal/us/505/1003/, https://supreme.justia.com/cases/federal/us/582/15-214/

Question Delaware Essays | Joinder | ESSAY Hard

Two Delaware residents and a Maryland resident were injured when a tour bus, a delivery van, and a construction barri...

Two Delaware residents and a Maryland resident were injured when a tour bus, a delivery van, and a construction barrier collided on I-95 near Wilmington. The three injured plaintiffs file one diversity action in the Dist...

Citations: Fed. R. Civ. P. 18, Fed. R. Civ. P. 20, 28 U.S.C. section 1367

Question Delaware Essays | Takings | MULTIPLE_CHOICE Medium

A city tells an owner it will approve a small inland warehouse only if the owner grants the public a beach-access eas...

...dentifies no connection between the warehouse and beach access. Which takings doctrine is most directly implicated? This question tests essential nexus for land-use exactions. https://supreme.justia.com/cases/federal/us/...

Citations: https://supreme.justia.com/cases/federal/us/483/825/

Question Delaware Essays | Takings | MULTIPLE_CHOICE Medium

A coastal owner claims a regulation leaves no economically beneficial use of a wetland lot. The state proves that fil...

...er claims a regulation leaves no economically beneficial use of a wetland lot. The state proves that filling the wetland would have been a nuisance under preexisting state property law. What is the best answer? This ques...

Citations: https://supreme.justia.com/cases/federal/us/505/1003/

Question Delaware Essays | Sixth Amendment Counsel | ESSAY Hard

Dante is charged in Delaware with residential burglary and assault. The prosecutor emails defense counsel a written o...

Dante is charged in Delaware with residential burglary and assault. The prosecutor emails defense counsel a written offer: Dante may plead to one count with a three-year sentence if he accepts by Friday. Counsel is busy...

Citations: Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Hill v. Lockhart

Question Delaware Essays | Takings | ESSAY Hard

Delaware enacts a wildfire communications statute requiring apartment owners in high-risk areas to allow state-approv...

...ance. An apartment owner and a farm owner sue, alleging uncompensated takings. Analyze the Takings Clause issues for the antennas, organizer-access rule, and fire inspections. Discuss likely remedies. This essay tests ph...

Citations: https://supreme.justia.com/cases/federal/us/458/419/, https://supreme.justia.com/cases/federal/us/594/20-107/

Question Delaware Essays | Takings | ESSAY Hard

A city considers a permit for a 12-unit coastal apartment building. To reduce beach erosion and traffic, the city con...

...mit. The owner sues, claiming unconstitutional exactions. Analyze the Takings Clause issues, including nexus, rough proportionality, monetary fees, offsite improvements, and the effect of permit denial. This essay tests...

Citations: https://supreme.justia.com/cases/federal/us/483/825/, https://supreme.justia.com/cases/federal/us/512/374/, https://supreme.justia.com/cases/federal/us/570/595/, https://supreme.justia.com/cases/federal/us/601/22-1074/

Question Delaware Essays | Parol Evidence | ESSAY Hard

Borrower owed Bank $600,000 on a business line of credit. At a meeting, Bank's loan officer told Borrower, "Sign the...

...ng, Bank's loan officer told Borrower, "Sign the renewal papers today and Bank will extend the maturity date for two years. You will not need to refinance for at least 24 months." Borrower asked whether the papers matche...

Citations: Cal. Code Civ. Proc. sec. 1856, Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn.