Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Constitutional Law - Zoning Referenda - Mandatory Referenda On All Municipal Land Use Changes Do Not Violate The Due Process Clause, Beatrice Close
Fordham Urban Law Journal
This case note discusses the United States Supreme Court's decision in City of Eastlake v. Forest City Enterprises, Inc., 96 S. Ct. 2358 (1976), which held that a state's decision to allow mandatory referendums on all municipal land use changes does not violate the due process clause. The case note examines the line of cases, such as Eubanks v. Richmond, 226 U.S. 137 (1912) and Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928), that establish the principle that standardless delegations of power to impose restrictions on the property rights of others violated the due process clause …