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Urban Studies and Planning Commons

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Full-Text Articles in Urban Studies and Planning

2009 Planetizen Blog Posts, Michael Lewyn Dec 2008

2009 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Planetizen.com blog posts on urban and suburban issues.


2008 Planetizen Blog Posts, Michael Lewyn Dec 2008

2008 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Posts on urban and suburban issues at planetizen.com


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …