Land Use Law Commons^™

Singled Out, Michael Pappas

Maryland Law Review

David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …