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Zoning Bulletin August 10, 2013 1 Volume 7 1 Issue 15 <br />f Case Note: <br />The District had argued that if monetary exactions are subject to Nollan and <br />Dolan scrutiny, then there would be no principled way of distinguishing <br />impermissible land -use exactions from property taxes. The court disagreed, find- <br />ing it "beyond dispute that '[tlaxes and user fees . . . are not takings.' " <br />Case Note: <br />In the case, the dissent had forecasted that the court's decision would "work a <br />revolution in land use law by depriving local governments of the ability to charge <br />reasonable permitting fees" or "unduly limit the discretion of local authorities to <br />implement sensible land use regulations." The majority disagreed, noting that <br />the rule that Nollan and Dolan apply to monetary exactions "has been the settled <br />law in some of our Nation's most populous States for many years, and the protec- <br />tions of those cases are often redundant with the requirements of state law." <br />Procedure —City council tables <br />resolution authorizing development <br />agreement <br />Developer argues that action violated its due <br />process rights <br />Citation: Northeast Land Development, LLC v. City of Scranton, 2013 <br />WL 2237791 (M.D. Pa. 2013) <br />UNITED STATES DISTRICT COURT PENNSYLVANIA (05/21/ <br />13)—This case addressed the issue of whether the actions of a city council <br />in tabling a resolution authorizing the city's mayor to enter into a <br />Development Agreement with a landowner —as required for land develop- <br />ment, under the city ordinance —violated the landowner's procedural due <br />process rights pursuant to the 14th Amendment of the United States <br />Constitution. <br />The Background/Facts: In May 2004, Northeast Land Development, <br />LLC ("Northeast") entered into an Agreement for the Sale of Real Estate <br />("Agreement of Sale") with Lackawanna Energy, Ltd. and Plum Realty, <br />Ltd. for the purchase of a 25-acre parcel of land in the City of Scranton <br />(the "City") (the "Property"). The Property was designated as a Keystone <br />Opportunity Zone ("KOZ"). In a KOZ, there was no or greatly reduced <br />tax burdens for property owners and/or lessees. Northeast sought to <br />purchase the Property to house Phase III of a development project known <br />as "Village at Trip Park." <br />© 2013 Thomson Reuters 7 <br />