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Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Michigan Law Review
The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
University of Michigan Journal of Law Reform
The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …