Dolan v. City of Tigard
In Dolan v. City of Tigard, 512 U.S. 374 (1994), the U.S. Supreme Court overturned a decision of the Oregon Supreme Court, which held that the city of Tigard could condition the approval of her building permit on the dedication of a portion of her property for flood control and traffic improvements, including a bicycle pathway. 317 Ore. 110, 854 P.2d 437 (1993).
- As Justice Peterson of the Supreme Court of Oregon explained in his dissenting opinion, however, "the findings of fact that the bicycle pathway system 'could offset some of the traffic demand' is a far cry from a finding that the bicycle pathway system will, or is likely to, offset some of the traffic demand." 317 Ore. at 127, 854 P.2d at 447 (emphasis in original). No precise mathematical calculation is required, but the city must make some effort to quantify its findings in support of the dedication for the pedestrian/bicycle pathway beyond the conclusory statement that it could offset some of the traffic demand generated.