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Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review Jun 1965

Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review

Michigan Law Review

In order to qualify for additional aid under the 1958 Federal-Aid Highway Program, the Ohio legislature prohibited the erection or maintenance of billboards for advertising purposes within 660 feet of an interstate highway and declared billboards in violation of the statute to be public nuisances subject to abatement. As the owner of seven signs which violated the statute, plaintiff sought an injunction against the enforcement of the statute on the ground that it bore no substantial relation to the public health, safety, morals, or general welfare. The trial court granted the injunction and the court of appeals affirmed, holding the ...


Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham May 1965

Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham

Michigan Law Review

It is one thesis of this article that the "lawyer's view" has generally prevailed in Michigan and that the "planner's view" has generally prevailed in New Jersey. Since the zoning law of these two states is thus fairly representative of the opposing judicial attitudes set forth in the preceding paragraph, they are especially suitable for comparative study. This study begins with a look at the constitutional bases and statutory provisions for zoning. It then proceeds to examine judicial attitudes toward zoning determinations in general and continues by focusing on specific current zoning problems. The conclusions to be drawn ...


Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren Mar 1965

Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren

Michigan Law Review

From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to ...


Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review Jan 1965

Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review

Michigan Law Review

The federal government, pursuant to authorizing statutes, sought to condemn defendant's land, alleging that it was needed as a source of fill for a section of the National System of Interstate and Defense Highways. Defendant offered proof demonstrating that commercial fill could easily be purchased within the immediate area, that it was therefore not necessary for the government to condemn any land in order to complete the construction of the highway, and that his land was zoned "light industrial" and was thus ideally suited for future development. Employing the usual stringent proof requirements, the court granted the government's ...