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Articles 1 - 10 of 10
Full-Text Articles in Law
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Michael E Lewyn
Is An Apartment A Nuisance?, Michael Lewyn
Is An Apartment A Nuisance?, Michael Lewyn
Michael E Lewyn
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators equate municipal comprehensive plans with "smart" growth (that is, development that considers the needs of nondrivers as well as the needs of automobiles). However, comprehensive planning. although desirable, is neither necessary nor sufficient for smart growth. Plans are not necessary because zoning reforms can achieve the same smart growth objectives as plans, and are not sufficient because many comprehensive plans support sprawl rather than smart growth.
2015 Planetizen Blog Posts, Michael Lewyn
2015 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Michael E Lewyn
Criticizes attempts to use nuisance law to prevent infill development.
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
Michael E Lewyn
Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans can be used to further sprawl as well as smart growth.
The Puzzling Persistence Of Horizontal Privity, Michael Lewyn
The Puzzling Persistence Of Horizontal Privity, Michael Lewyn
Michael E Lewyn
A discussion of the horizontal privity doctrine. Under this doctrine, restrictive covenants are binding upon future grantees only if the original parties to the covenant share some property interest outside the covenant- for example, if they are grantor and grantee of the same land, or if they are landlord and tenant. Although the doctrine has been often criticized by scholars, no recent court has rejected the privity requirement.
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Michael E Lewyn
Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.
2009 Planetizen Blog Posts, Michael Lewyn
2009 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn
2008 Planetizen Blog Posts, Michael Lewyn
2008 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn