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Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Washington Law Review
This note examines four aspects of rezoning decisions addressed by the Parkridge court: the policy basis upon which rezoning actions may legitimately be grounded; the quantum of evidence necessary to support a rezoning decision;" the allocation of the burden of proof in rezoning actions; and the presumption of validity, if any, accorded local rezoning decisions.
Historic Preservation—Transferable Development Rights As Mitigation Rather Than Just Compensation—Penn Central Transportation Co. V. New York City, 438 U.S. 104 (1978), Douglas L. Batey
Washington Law Review
Plaintiff was prevented by the New York City Landmarks Preservation Law from erecting a multi-story office building above Grand Central Railroad Terminal. Plaintiff was not compensated, but was allowed to transfer the Terminal's unused development rights to other sites. The trial court found this restriction unconstitutional unless "just compensation" was provided, and granted injunctive and declaratory relief. The New York Supreme Court, Appellate Division, reversed, finding that Penn Central, the plaintiff, had not been unconstitutionally deprived of its property. This decision was affirmed by the New York Court of Appeals. In a six to three decision, the United States Supreme …