A Room with Our View

Option D:   Not Quite!  You are correct that all conditions imposed by the city must bear a rough proportionality to the state interest being advanced.  See Dolan v. City of Tigard, 512 U.S. 374 (1994).  However, they must first be found to substantially relate to that state interest.  Here, like in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), the public’s interest in viewing the ocean from the street is not related to whether tourists may cross the beach behind Tess’s house.  If Tess decides to challenge the other condition, that her house leave thirty feet on either side, the decision might hinge on rough proportionality.  However, the court will not reach that issue here because the substantial relationship test is not met first.

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