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Full-Text Articles in Law

Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam Dec 2013

Rathkopf's The Law Of Zoning & Planning, Sara Bronin, Dwight Merriam

Sara C. Bronin

Provides detailed coverage of zoning and planning with case law, including constitutional and statutory limitations on government zoning and planning powers, remedies for wrongful land use regulation, rezoning issues, and subdivision restrictions. Discusses tort actions and governmental immunities, especially beneficial in litigation, and provides extensive footnoting for state-specific referencing. Examines evolving issues such as: floodplain and wetlands regulation, growth management, regulation of hazardous wastes, historic preservation laws, variances, building permits, housing laws, restrictions on manufactured housing, private covenants, regulation of adult entertainment businesses, and regulation of religious land use. Provides procedural information, detailed index, and Table of Cases.


Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias Feb 2012

Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias

Tim Iglesias

This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.


Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer Aug 2009

Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer

James G Dwyer

Current zoning law fails to reflect the reality that some geographical areas, however suitable they might be for residence by adults, are not suitable for children, because of the social and physical environment that adult residents have created. The law governing children's welfare and family relationships likewise reflects no consideration of the impact that the quality of parents’ or potential parents’ community can have on children. Yet the world outside children's homes can dramatically affect their well being, even presenting threats to their very survival. This Article is the first to recommend that governments declare some communities unfit for residence …


Constitutional Basis For Zoning : The Texas Supreme Court /, Walter Mccoy, Marguerite Butler Dec 1987

Constitutional Basis For Zoning : The Texas Supreme Court /, Walter Mccoy, Marguerite Butler

Walter J McCoy

The authors attacks the subject of zoning by first discussing zoning itself and the varied aspects of what comprise the land use control. The book so introduced looks at the historical foundation in Texas and how after the supreme court ruling in Ambler v. Euclid fully opened the door to zoning establishment in Texas. Court cases in Dallas tested the legitimacy of the Euclid decision and early zoning ordinances were upheld based on due process and the right of a city to plan demonstrated by the case Lombardo v. City of Dallas. The author continues in the introduction by providing …