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Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power Oct 2009

Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power

Garrett Power

No abstract provided.


Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Oct 2009

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.


Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power Sep 2009

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power

Garrett Power

In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power Sep 2009

Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power

Garrett Power

This essay examines the historical background behind the 1826 U.S. Supreme Court case of Cassell v. Carroll. The legal merits in the case concerned arcane questions of feudal property law which the Court avoided and left unanswered. Today the case is of little jurisprudential significance. It is the historical record behind Cassell v. Carroll that tells a story that continues to be of interest and importance today. It provides a window on the economic and social life in provincial Maryland. It tells the tale of two dysfunctional dynasties—the Barons of Baltimore (the Calverts), who lost their faith, their fortune and …


Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Sep 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Garrett Power

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …


The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power Sep 2009

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Garrett Power

No abstract provided.


Intergovernmental Coordination Of Power Development And Environmental Protection Act, Garrett Power Sep 2009

Intergovernmental Coordination Of Power Development And Environmental Protection Act, Garrett Power

Garrett Power

No abstract provided.


More About Oysters Than You Wanted To Know, Garrett Power Sep 2009

More About Oysters Than You Wanted To Know, Garrett Power

Garrett Power

No abstract provided.


High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power Sep 2009

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Garrett Power

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.


Deconstructing The Slums Of Baltimore, Garrett Power Sep 2009

Deconstructing The Slums Of Baltimore, Garrett Power

Garrett Power

No abstract provided.


The Case Of The 1989 Bordeaux, Garrett Power Sep 2009

The Case Of The 1989 Bordeaux, Garrett Power

Garrett Power

No abstract provided.


Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power Sep 2009

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Garrett Power

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …


Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power Sep 2009

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Garrett Power

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2008) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power Sep 2009

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power

Garrett Power

No abstract provided.


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Sep 2009

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Garrett Power

No abstract provided.


The Carpenter And The Crocodile, Garrett Power Sep 2009

The Carpenter And The Crocodile, Garrett Power

Garrett Power

Pre-revolutionary Baltimore Town grew rapidly in commerce and population. Its harbor on the Chesapeake Bay served a larger trading area than any other American seaport at the time. In the 17770s two young fortune seekers - Leonard Harbaugh, carpenter and Christopher Hughes, silversmith - arrived in Baltimore from Ireland. This paper explores the role that each played in developing Baltimore's physical, monetary and legal landscape.


Parceling Out Land In Baltimore, 1632-1796, Garrett Power Sep 2009

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Garrett Power

No abstract provided.


Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power Sep 2009

Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power

Garrett Power

No abstract provided.


Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power Sep 2009

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power

Garrett Power

In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2009) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …