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Full-Text Articles in Law

Mandatory Referendum For Zoning Amendments; Unlawful Delegation Of Legislative Power; Denial Of Due Process; Forest City Enterprises, Inc. V. Eastlake, Jane E. Bond Aug 2015

Mandatory Referendum For Zoning Amendments; Unlawful Delegation Of Legislative Power; Denial Of Due Process; Forest City Enterprises, Inc. V. Eastlake, Jane E. Bond

Akron Law Review

IN 1971 FOREST CITY ENTERPRISES applied to the Planning Commission of Eastlake, Ohio, to rezone its property, an eight-acre parcel of land, from industrial to multi-family high-rise use. After the application was filed, initiative petitions were circulated proposing the adoption of an amendment to the Eastlake city charter. The proposed amendment provided for mandatory voter approval' of any ordinance changing the city's existing comprehensive zoning plan. An amendment to this effect was adopted in November, 1971.


Exactions For The Future, Timothy M. Mulvaney Jul 2015

Exactions For The Future, Timothy M. Mulvaney

Timothy M. Mulvaney

New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …


Exactions For The Future, Timothy M. Mulvaney Jul 2015

Exactions For The Future, Timothy M. Mulvaney

Timothy M. Mulvaney

New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …


Rights At Risk In Privatized Public Housing, Jaime Alison Lee Apr 2015

Rights At Risk In Privatized Public Housing, Jaime Alison Lee

All Faculty Scholarship

Traditional public housing is dwindling. Federal policy has increasingly encouraged privatization, shifting stewardship of public housing out of the hands of government and into the hands of private, for-profit companies. Privatization in this context has both benefits and risks. A particularly compelling area of study is the attempt by lawmakers to conscript private contractors into serving public policy goals. Private landlords are obligated not merely to provide housing, but to conduct themselves in ways that promote the interests of vulnerable people. The case of public housing suggests that legislative mandates and contractual obligations are not enough to assure this outcome, …


Due Process For Cash Civil Forfeitures In Structuring Cases, Timothy J. Ford Jan 2015

Due Process For Cash Civil Forfeitures In Structuring Cases, Timothy J. Ford

Michigan Law Review

On January 22, 2013, Tarik “Terry” Dehko sat down to pay the bills for his small Michigan grocery store when a federal agent entered his office. The agent told Dehko that the Internal Revenue Service (IRS) had executed a seizure warrant and taken the market’s entire bank account—more than $35,000. When Dehko asked how he could run his business without its bank account, the agent replied, “I don’t care.” The government did not charge Dehko with a crime that day. In fact, Dehko had never been charged with any crime in his life. Instead, the government waited until July 19 …