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Articles 1 - 12 of 12
Full-Text Articles in Law
Zoning: Avenues Of Reform, Stanley M. Makuch
Zoning: Avenues Of Reform, Stanley M. Makuch
Dalhousie Law Journal
"Planning is not simply a matter of allocating land for various kinds of development. It is also concerned with the form of development and redevelopment, and with the quality of the physical environment that is produced. 'In the end what matters is not simply where development takes place: its form is equally important and the planning system will be judged by the quality of the results it produces." Although the above statement may be viewed by some to be a statement of the very obvious, and to be almost axiomatic in nature, such is not the case. A history of …
Property, Wayne Willis
Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler
Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler
West Virginia Law Review
Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Michigan Law Review
The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …
Toward A Rational Land Use Planning: An Interdisciplinary Approach, Allan D. Vestal, Sue T. Reid
Toward A Rational Land Use Planning: An Interdisciplinary Approach, Allan D. Vestal, Sue T. Reid
Florida State University Law Review
No abstract provided.
Virginia Natural Resources And The New Virginia Wetlands Act, Denis J. Brion
Virginia Natural Resources And The New Virginia Wetlands Act, Denis J. Brion
Washington and Lee Law Review
No abstract provided.
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
University of Michigan Journal of Law Reform
This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
University of Michigan Journal of Law Reform
The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Pointing The Way To Housing Quality, Alexander Cooper, Michael Kwartler, Charles Reiss
Fordham Urban Law Journal
This article highlights the Urban Design Council's goals of promoting the highest economically feasible standard of quality in residential housing and seeking to stimulate beneficial development in cities. The article describes the current zoning plan in effect in New York City, proposes new approaches to improve housing quality by exploring the elements of "quality" and zoning as a means of achieving such quality housing.
Case Notes
Fordham Urban Law Journal
Constitutional Law- Freedom of Speech- Dismissal of Public School Teacher for Symbolic Expression of Political Opinion in the Classroom Held Unconstitutional. This case note discusses the first amendment issue in James v. Board of Education, 461 F.2d 566 (2d Cir. 1972), and the extent to which schools may limit a teacher's freedom of expression in the classroom. The note reviews the various tests used to analyze freedom of expression in general and then analyzes case law in the school context to infer that a court may permit state or local governments to control classroom expression when a teacher uses his …
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …