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Articles 1 - 25 of 25
Full-Text Articles in Law
Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon
Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The Second Department Appellate Division’s holding in Bonnie Briar Syndicate, Inc. v. Mamaroneck upheld local rezoning in Mamaroneck, New York, from residential to recreational use despite legal challenges that the zoning change constituted an unreasonable use of municipal police power as well as a regulatory taking. The case cited several New York precedents. Each held that so long as rezoning is in accordance with the local comprehensive plan, the zoning shall be held constitutional. However, concerns linger among private residents and local municipalities regarding recreational rezoning projects, which despite providing significant benefits for the community, must be justified by a …
City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon
City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The Watershed Rules and Regulations, created by New York City’s Department of Environmental Protection, influence several facets of law, including the ability of local governments to regulate actions such as construction. Several landowners in the affected area have taken issue with the regulation. Specifically, they challenge the constitutionality of the city’s extraterritorial control on outside municipalities because of the resulting diminutive effect of the regulations on private property values. This article discusses these issues, as well as the legal ability for potential plaintiffs to sue.
Harbor Plan For The Town Of Provincetown, Urban Harbors Institute, University Of Massachusetts Boston
Harbor Plan For The Town Of Provincetown, Urban Harbors Institute, University Of Massachusetts Boston
Urban Harbors Institute Publications
Provincetown Harbor is an attractive focus of activity for the entire community which surrounds it. The Harbor area is a complex place that requires public attention to ensure appropriate use and a clean environment. The Provincetown Harbor Plan establishes practical steps to meet these goals. This Plan values the present character and activities within the Harbor area. Rather than seeking dramatic changes, the objective of the Plan is to enhance the Harbor through better management and by accomplishing a list of coordinated improvements.
The Plan envisions a future Provincetown Harbor with substantially greater access and a more pleasant character along …
Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon
Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The case of City of Boerne v. Flores marked an important day in the history of the Constitution. The decision of the United States Supreme Court invalidated the Religious Freedom Restoration Act as applied to a local Texas zoning ordinance. The ordinance created a historical preservation area in an attempt to curb a church from expanding its buildings. The Supreme Court held that the Freedom Restoration Act went beyond Congress’s power because of the Act’s broad coverage and potential to intrude on laws regardless of context. This holding parallels the general application of the New York case law, which, generally …
Divestment Of Federal Water Projects, A. Jack Garner
Divestment Of Federal Water Projects, A. Jack Garner
Dams: Water and Power in the New West (Summer Conference, June 2-4)
21 pages.
Contains references.
The Future Of Western Water Developments, John Keys
The Future Of Western Water Developments, John Keys
Dams: Water and Power in the New West (Summer Conference, June 2-4)
9 pages.
Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver
Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver
Dams: Water and Power in the New West (Summer Conference, June 2-4)
10 pages.
Contains 1 page of references.
River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock
River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains references.
The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block
The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block
Dams: Water and Power in the New West (Summer Conference, June 2-4)
15 pages.
Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen
Dams: Water and Power in the New West (Summer Conference, June 2-4)
21 pages (includes illustrations and map).
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Dams: Water and Power in the New West (Summer Conference, June 2-4)
18 pages.
Contains references.
Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson
Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson
Dams: Water and Power in the New West (Summer Conference, June 2-4)
25 pages.
Contains 2 pages of references.
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains 1 page of references.
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Dams: Water and Power in the New West (Summer Conference, June 2-4)
Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.
The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.
The conference will begin by providing historical context for the …
Dams: Their Costs And Benefits, Daniel F. Luecke
Dams: Their Costs And Benefits, Daniel F. Luecke
Dams: Water and Power in the New West (Summer Conference, June 2-4)
13 pages (includes illustrations).
Contains 3 pages of references.
Patterns Of Demographic And Economic Change In The Western United States, Pamela Case
Patterns Of Demographic And Economic Change In The Western United States, Pamela Case
Dams: Water and Power in the New West (Summer Conference, June 2-4)
17 pages.
Contains footnotes.
New Demands For Tribal Rights To Federal Water And Power, Jeanne S. Whiteing
New Demands For Tribal Rights To Federal Water And Power, Jeanne S. Whiteing
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock
Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman
The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband
The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband
Faculty Scholarship
No abstract provided.
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
Law Faculty Articles and Essays
Our patterns of land use and development have failed to accommodate the changed housing needs of an aging population. Primary among these needs is the desire of the elderly to be able to "age in place." To meet this need, America's suburban communities in particular will need to re-think their reliance on exclusive single-family zoning and begin planning and zoning for an increasingly large number of the elderly. Despite understandable concerns about maintaining housing values, this may well prove to be politically achievable simply because the very demographic changes that create the need will create a growing constituency in favor …
Land Use And The First Amendment, Alan C. Weinstein
Land Use And The First Amendment, Alan C. Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
The past year saw no cessation in cases reporting on the conflicts that arise when local land-use regulation is applied to uses claiming protection under the First Amendment. This report highlights the major developments in this area.
Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther
Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther
All Faculty Scholarship
No abstract provided.
Administrative Law In The 21st Century, Andrew Popper
Administrative Law In The 21st Century, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.