Author Question: An agency coupled with an interest is created: a. when the principal provides the agent with a ... (Read 40 times)

asd123 · **on:** Jun 24, 2018

An agency coupled with an interest is created:
a. when the principal provides the agent with a general power-of-attorney b. when an agent is hired to work for another agent
c. when a person volunteers her services out of interest in the business
d. when the agent is authorized to delegate any authority to an interested party e. none of the other choices

Question 2

Due Process. In 1994, the Board of County Commissioners of Yellowstone County, Montana, created Zoning District 17 in a rural area of the county and a planning and zoning commission for the district. The commission adopted zoning regulations, which provided, among other things, that dwelling units could be built only through on-site construction. Later, county officials were unable to identify any health or safety concerns that were addressed by requiring on-site construction. There was no evidence that homes built off-site would negatively affect property values or cause harm to any other general welfare interest of the community. In December 1999, Francis and Anita Yurczyk bought two forty-acre tracts in District 17. The Yurczyks also bought a modular home and moved it onto the property the following spring. Within days, the county advised the Yurczyks that the home violated the on-site construction regulation and would have to be removed. The Yurczyks filed a suit in a Montana state court against the county, alleging in part that the zoning regulation violated their due process rights. Does the Yurczyks' claim relate to procedural or substantive due process rights? What standard would the court apply to determine whether the regulation is constitutional? How should the court rule? Explain.

parshano · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

e

Answer to Question 2

Due process
The court agreed with the Yurczyks' reasoning, as regarded their substantive due process rights, that the on-site construction requirement did not have a substantial bearing upon the public health, safety, morals, or general welfare of the community and was not based upon a legitimate governmental objective. The county appealed this ruling to the Montana Supreme Court, which affirmed the judgment of the lower court. The state supreme court held that the on-site construction requirement was not rationally related to a legitimate governmental interest. The court pointed out that county officials were unable to identify any health and only minimal safety concerns that the on-site construction provision addressed. As to general welfare the preservation of property values may implicate legitimate government concerns in some zoning situations, but there is nothing here that demonstrates these concerns actually drove the formulation of the regulations at issue. Indeed the modular home would not have affected property values in the area, according to one official, who testified that homes built off-site would have no real bearing upon market values at all,' because District 17 is a rural setting, and it's spread out into large