Question
Big Developer is the owner of 100 acres of land in Pleasantville. Big Developer submitted its plans and applied for a permit to build a
Big Developer is the owner of 100 acres of land in Pleasantville. Big Developer submitted its plans and applied for a permit to build a shopping mall and a residential subdivision consisting of 250 single-family units. According to the plans submitted, Big Developer planned for a total retail floor area of one (1) million square feet, and 5,000 parking spaces. After reviewing the documentation and several studies, the city answered Big Developer's petition with the following provisions:
- Big Developer has to create servitude comprising 0.5% of the lot in favor of Power Co., a state-owned power company, for the erection of power lines, and a right of way to its maintenance.
- The commercial development (shopping mall) is denied. The land where the proposed project is sited is zoned as "residential only."
- The city of Pleasantville is committed to conservation of the city's natural resources and bio-diversity. The land adjacent to the proposed project is the main nesting place of the Dodo bird, the city's official bird which is endemic to the region. The approval of the residential subdivision is conditioned to exaction of 5 acres of land that will act as a natural reserve and buffer zone between the residential subdivision and the land where the Dodo bird nests.
Big Developer believes its constitutional property rights are infringed by the city's provisions.
Discuss the constitutional arguments Big Developer may advance against each of the city's determinations and its likelihood to succeed.
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