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Full-Text Articles in Law
Preemption Of Local Governments' Authority To Limit Wireless Phone Service Is A Tough Cell Under The Telecommunications Act, Jennifer A. Floyd
Preemption Of Local Governments' Authority To Limit Wireless Phone Service Is A Tough Cell Under The Telecommunications Act, Jennifer A. Floyd
Missouri Law Review
This Note focuses on the substantive limitation of Section 332(c)(7)(B) of the Telecommunications Act which prevents local government from unreasonably discriminating among providers and from prohibiting the provision of service in decisions regarding the placement, construction, and modification of personal wireless facilities. Courts have addressed claims of unreasonable discrimination and prohibition of provision of service with a variety of results. Competing interpretations of the TCA have blurred the function and power of state and local governments in deciding whether to approve personal wireless service applications for construction or modification of towers. Spring Spectrum, L.P. v. Willoth provides a consumer-centered interpretation …
Book Review
Missouri Law Review
Dennis Tuchler gives a review of Daniel R. Mandelker's 1971 publication The Zoning Dilemma: A Legal Strategy for Urban Change. The Zoning Dilemma is about Mankelker experience examining the King County plan and its execution, from which he draws several conclusions. First, planning and zoning are the salvation of the developing urban fringe, but only if they are beefed up and better handled. Second, a truly effective system of planning requires a decreasing emphasis on private rights in the development of land, primary emphasis on a "community" plan rather than on the effects of a zoning decision on a neighborhood …
Model Regulations For The Control Of Land Subdivision, Robert H. Freilich, Peter S. Levi
Model Regulations For The Control Of Land Subdivision, Robert H. Freilich, Peter S. Levi
Missouri Law Review
Viewed in this framework of the changing needs of land use controls, this article will endeavor to show how subdivision regulations can be successfully utilized to accomplish a community's goals and objectives. Our purpose will be to indicate the problems concerning subdivision regulations in Missouri and to suggest various solutions based on existing legislation. This article will also present proposals for statutory revision, analysis of judicial decisions, and lastly, the provisions of a set of model subdivision regulations. The model covers all possible situations with which a governing body or administrative agency may be faced and incorporates requirements suited to …