Doug Dillard Owns a House That He Presently Rents Out

question 43

Essay

Doug Dillard owns a house that he presently rents out to a family.Dillard would like to convert the house into commercial space (for a store or offices),because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling.The house is located,however,in an area zoned by the city for residential uses only.This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance,something the city has refused to do.Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment.Will Dillard win his case? Why or why not?

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Definitions:

Business

Organized efforts by individuals or entities to produce and sell goods and services for profit.

Social Exclusion

The process through which individuals or groups are systematically blocked from rights, opportunities, and resources that are available to others in society.

Social Class

Social class refers to divisions within a society based on social and economic status, often determined by wealth, occupation, and educational attainment.

Education Attainment

The highest level of education an individual has completed, often used as an indicator of social and economic status.