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Full-Text Articles in Law
Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon
Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.
Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon
Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Over thirty years ago The United States Court of Appeals upheld municipal efforts to control growth in the case Golden v. Ramapo. Since then, municipalities have come up with novel tools to harness development into sustainable patterns while mitigating damaging effects of sprawl. This article focuses on the renaissance of one popular land use device, performance zoning, and how the Town of Hyde Park uses this tool to promote growth in community centers and protect undeveloped areas.
'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon
'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …
'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon
'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.