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Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu
Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu
Vanderbilt Law Review
Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …
Legal And Policy Conflicts Between Deed Covenants And Subsequently Enacted Zoning Ordinances, Wade B. Perry, Jr.
Legal And Policy Conflicts Between Deed Covenants And Subsequently Enacted Zoning Ordinances, Wade B. Perry, Jr.
Vanderbilt Law Review
With increasing frequency, the real estate lawyer is confronted with the need to determine the effect of a newly enacted zoning ordinance upon the enforceability of prior restrictive covenants affecting property in the zoned area. If the enforceability of the covenant is cut off by the ordinance, the further question arises whether the city must compensate the landowner for interfering with his property rights. Existing rules provide largely unsatisfactory answers and conclusions reached do not always reflect the balancing of public against private interests fundamental to all zoning. Moreover, new types of zoning regulations have been found to generate conflicts …
Extending Standing To Nonresidents--A Response To The Exclusionary Effects Of Zoning Fragmentation, Kent H. Mcmahan
Extending Standing To Nonresidents--A Response To The Exclusionary Effects Of Zoning Fragmentation, Kent H. Mcmahan
Vanderbilt Law Review
This Note is premised on the belief that courts must recognize the standing of adversely affected nonresidents to contest local zoning ordinances in order to insure appropriate consideration of the issues raised by exclusionary zoning practices in the nation's suburbs. To support this premise, the Note surveys the current fragmented status of zoning, the problems attributable to this fragmentation, and then on judicial attempts to resolve the problems. In addition, the Note analyzes the judicial approach to zoning fragmentation, with special scrutiny given to the law of standing as an obstacle to efficacious judicial review. Against this background, the Note …