Sparks v. Douglas County

(dissenting in part) — I agree with the majority’s analysis of the test adopted by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994). I disagree, however, with the manner in which the majority applied that test here in reviewing the decision of the Court of Appeals. I therefore respectfully dissent, in part. Specifically, I believe that the majority incorrectly concluded that Douglas County satisfied its burden, under the Dolan test,48 of showing that its exaction of a certain right-of-way for future roadway improvements was…