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Articles 991 - 1020 of 1049
Full-Text Articles in Land Use Law
Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler
Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler
Michigan Law Review
The purpose of this Article is to explore those situations in which courts have given meaning to the Euclid caveat in operation, and, from those instances, to attempt to evolve a judicial approach to the problems posed by the conflict between purely local interests on the one hand and more comprehensive regional interests on the other. Four basic premises are herein indulged: (1) that strictly local zoning is unsatisfactory; (2) that new and innovative legislation will not be readily forthcoming; (3) that the burden of mediating these conflict situations will continue to fall upon the judiciary; and (4) that present …
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Michigan Law Review
This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.
Overcoming Barriers To Scattered-Site Low-Cost Housing, Darrel J. Grinstead
Overcoming Barriers To Scattered-Site Low-Cost Housing, Darrel J. Grinstead
University of Michigan Journal of Law Reform
The effect of most zoning devices which have been used in suburban and non-ghetto city planning in the past few decades has been to erect substantial economic barriers around entire cities. These devices include minimum lot size requirements, density zoning, frontage requirements, single family restrictions, and minimum living space requirements. While such zoning practices may not be exclusionary in purpose, exclusion of minority groups has been the result. Moreover, since most minorities are heavily concentrated in low income groups, economic segregation will bring about a high degree of racial and ethnic segregation. Indeed, it has been suggested that these economic …
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
University of Michigan Journal of Law Reform
As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …
Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock
Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock
Kentucky Law Journal
No abstract provided.
A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislationcomment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock
Kentucky Law Journal
No abstract provided.
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Michigan Law Review
Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …
Recent Trends In State Planning Legislation: A Selective Survey, Max E. Schlopy
Recent Trends In State Planning Legislation: A Selective Survey, Max E. Schlopy
Buffalo Law Review
No abstract provided.
Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock
Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review
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
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 from these …
Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren
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 be beyond …
Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick
Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick
Michigan Law Review
After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …
Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.
Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.
Michigan Law Review
Plaintiff challenged the validity of an amendment to the zoning ordinance of the defendant township which barred all trailer camps and parks from its industrial district. As trailer parks had previously been zoned out of the business, residential, and agricultural districts, this amendment had the effect of completely excluding them from the entire township, although approximately half of its twenty-three square miles consisted of open rural area. The parties stipulated that the plans of the plaintiff, who wanted to develop a trailer park on his premises, met all of the applicable health standards. The trial court sustained the amendment, but …
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Michigan Law Review
In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."
Urban Renewal--Essentials Of The Federal Program, Robert E. Adams
Urban Renewal--Essentials Of The Federal Program, Robert E. Adams
Kentucky Law Journal
No abstract provided.
Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer
Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer
Kentucky Law Journal
No abstract provided.
Procedure Followed By Second Class Cities In Granting Changes To The Zoning Ordinance As Exemplified By The Lexington-Fayette County Planning Commission, Charles E. English
Procedure Followed By Second Class Cities In Granting Changes To The Zoning Ordinance As Exemplified By The Lexington-Fayette County Planning Commission, Charles E. English
Kentucky Law Journal
No abstract provided.
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Michigan Law Review
Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.
Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon
Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon
Michigan Law Review
An amendatory zoning ordinance was enacted by the city council of Miami Beach for the purpose of changing the zoning of an extensive area fronting on the Atlantic Ocean from a private residential to a hotel district. The amendment received the required affirmative votes of five of the seven members of the council, including the vote of one councilman who owned land in the area affected by the amendment which would be increased in value by $500,000 because of the zoning change. Plaintiffs, owners of near-by property, filed suit in the circuit court to have the amendatory ordinance declared invalid …
Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.
Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.
Michigan Law Review
Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.
Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.
Michigan Law Review
In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …
The Granting Of Variances From The Zoning Ordinance By The Lexington-Fayette County Board Of Adjustment, Wayne J. Carroll
The Granting Of Variances From The Zoning Ordinance By The Lexington-Fayette County Board Of Adjustment, Wayne J. Carroll
Kentucky Law Journal
No abstract provided.
Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.
Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Bailey V. County Of L.A., Jesse W. Carter
Bailey V. County Of L.A., Jesse W. Carter
Jesse Carter Opinions
An ordinance that permitted county officials to build a juvenile hall near the property owner's property was duly adopted without public hearing where the zoning changes required amendments to existing ordinances, not new ordinances.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Real Property - The Effect Of Zoning Ordinances On The Law Of Nuisance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
One of the most interesting and least explored questions in the law of property is the effect of zoning ordinances on the law of nuisance. Particularly interesting is the extent to which statutory authorization by zoning can legalize a use of land which, in the absence of a zoning ordinance, would constitute a nuisance. In order to understand this problem fully it is necessary to begin with a general analysis of the law of nuisance and the various classifications into which it has been divided by the courts.