Agins v. City of Tiburon

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Agins v. City of Tiburon
Supreme Court of the United States
Argued April 15, 1980 Decided June 10, 1980
Full case name	Donald W. Agins, et ux. v. City of Tiburon
Citations	447 U.S. 255 (more) 100 S. Ct. 2138; 65 L. Ed. 2d 106; 1980 U.S. LEXIS 132; 14 ERC (BNA) 1555; 10 ELR 20361
Case history
Prior	Appeal from the Supreme Court of California
Holding
The test for determining whether a zoning ordinance or governmental regulation will be considered a taking is whether such action “substantially advances” a legitimate state interest.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinion
Majority	Powell, joined by unanimous
Laws applied
U.S. Const. amend. V
Overruled by
Lingle v. Chevron U.S.A. Inc. (2005)

Agins v. City of Tiburon, 447 U.S. 255 (1980), was a United States Supreme Court case in which the Court held that the test for determining whether a zoning ordinance or governmental regulation will be considered a taking is whether such action “substantially advances” a legitimate state interest.

The Court subsequently overruled this decision twenty-five years later in Lingle v. Chevron U.S.A. Inc., 554 U.S. 528 (2005).