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Articles 1 - 23 of 23
Full-Text Articles in Law
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Cleveland State Law Review
This Note argues that Ohio’s home-rule principles foster a regional “race to the bottom and proposes that the Ohio General Assembly pass legislation creating regional governments to combat the absence of coordination among regional localities".
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Cleveland State Law Review
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the court ruled in Drees Company v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was an unconstitutional tax. The …
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Cleveland State Law Review
This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo
Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo
Cleveland State Law Review
Reviewing After the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina edited by David Dante Troutt. New York: New Press. 2006. Editor David Troutt has assembled a fascinating and wide-ranging collection of essays on the Katrina disaster. The contributing authors, primarily (though not exclusively) law professors, put the disaster into a larger context of American law and politics. While the authors' concerns and opinions are diverse, the interaction between human choice and the "natural" is a consistent theme running through the background of the book.
Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa
Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa
Cleveland State Law Review
The dangers posed by abandoned and vacant properties present a matter of primary concern for municipalities, especially in older, industrial cities. Addressing these issues requires innovative methods and long-term planning. This Note examines the methods of attacking abandonment. Part II, describes the problems presented by abandoned and vacant housing. Part III examines the effectiveness of code enforcement and traditional tax foreclosure. Part IV analyzes privatized nuisance abatement suits and receiverships. Part V discusses land banks. Part VI argues that using broadly empowered privatized nuisance abatement suits for individual parcels and land banks for mass acquisitions is the most effective means …
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
Cleveland State Law Review
It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.
Are Spread Out Cities Really Safer (Or, Is Atlanta Safer Than New York), Michael E. Lewyn
Are Spread Out Cities Really Safer (Or, Is Atlanta Safer Than New York), Michael E. Lewyn
Cleveland State Law Review
Many commentators believe that low-density, car-dependent cities are safer than older, higher-density cities. According to a 1990 Gallup Poll, most Americans share this view. The poll showed that low-density Sunbelt cities are generally perceived as safer than they really are, and that high-density Frostbelt cities are often perceived as more dangerous than they really are. The purpose of this article is to answer the following questions: 1. How closely do public perceptions of major cities' safety correlate with actual crime rates? 2. Even if high-density cities have lower crime rates, might public perceptions be justified by the possibility that crime …
Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros
Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros
Cleveland State Law Review
Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Cleveland State Law Review
This note will address some of the issues involved when communities propose to use the zoning power to limit the exercise of the constitutionally protected abortion decision, focusing on abortion clinic regulations in Cleveland, Ohio, and comparing them to ordinances in three other cities.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Cleveland State Law Review
In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Cleveland State Law Review
While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …
Belle Terre V. Boraas, Stewart Goldstein
Belle Terre V. Boraas, Stewart Goldstein
Cleveland State Law Review
On April 1, 1974, the Supreme Court announced its opinion in the first zoning case of constitutional dimensions that the Court had decided in the last forty-six years. In sustaining the ordinance of the Village of Belle Terre, with its restrictive definition of "family," the Court reaffirmed its respect for the lines drawn by legislatures in the area of zoning and equal protection. The Belle Terre decision reaffirmed the validity of one municipality's mechanism for preserving the style of life of its inhabitants, free from exposure to one element of the counterculture, the voluntary cooperative association of unrelated persons: the …
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 …
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden
Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden
Cleveland State Law Review
It is the thesis of this paper that a municipality may not prevent expansion of an existing mobile home park (in the absence of a clear showing that to do so is necessary to promote the public health, safety, or welfare) by excluding mobile home parks from the zoning resolution, and through statutory limitations on the expansion of nonconforming uses. After examining treatment by the courts of regulating and excluding mobile home parks, several possible approaches will be shown for the mobile home park developer to use in overcoming these zoning restrictions.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Cleveland State Law Review
In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …
Change Of Neighborhood In Nuisance Cases, Martin A. Levitin
Change Of Neighborhood In Nuisance Cases, Martin A. Levitin
Cleveland State Law Review
The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Cleveland State Law Review
Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …