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State and Local Government Law Commons

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Full-Text Articles in State and Local Government Law

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies May 2001

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies

Michigan Law Review

What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …


Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue Apr 2001

Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue

Washington Law Review

This Comment argues that landowners whose property abuts unopened public street easements have a right to reasonable, non-interfering use of such easements until the city or county opens the street for its intended purpose. Unopened public street easements are dedicated streets that a city or county has not developed or used. Often, landowners use this land to store firewood, park boats, or garden. In 1995, the City of Seattle enacted Municipal Code section 15.02.100, which prohibits all use of unopened public street easements. Several Washington court decisions purportedly support the Seattle ordinance. These decisions suggest that abutting property owners have …


Department Of Real Estate, Lisa J. Frisello, Rusty Nichols Jan 2001

Department Of Real Estate, Lisa J. Frisello, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.


Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman Jan 2001

Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman

Cleveland State Law Review

This Article constructs a conservative legal framework to guide planners in conventional planning activities. It further proposes that planners should apply the model to these conventional activities, but work closely with the municipal attorney before adopting more innovative and controversial planning devices.This Article proceeds in four major sections. Section I commences, with historical reviews: major changes in land use planning within the last 50 years, the land development problems associated with those changes, and judicial responses to these same problems. Comparisons are frequently made between cases from a rustbelt Midwestern state (Ohio) and cases from a faster growing sunbelt state …