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Constitutional Law

Pepperdine Law Review

Journal

Zoning

Publication Year

Articles 1 - 6 of 6

Full-Text Articles in Law

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin May 2013

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin

Pepperdine Law Review

No abstract provided.


Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain Feb 2013

Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain

Pepperdine Law Review

This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.


Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen Jan 2013

Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen

Pepperdine Law Review

The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.


Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle Nov 2012

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.


Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki Nov 2012

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.


The Abnormalcy Of Normal Delay, Kimberly Horsley Jul 2012

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.