Law Commons^™

Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams

University of Michigan Journal of Law Reform

In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …

Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

8 pages.

Includes bibliographical references

"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda

Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson

Law Faculty Scholarship

In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …