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Full-Text Articles in Law

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn Sep 2013

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.


How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn Jun 2013

How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn

Michael E Lewyn

Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans can be used to further sprawl as well as smart growth.


The Puzzling Persistence Of Horizontal Privity, Michael Lewyn Apr 2013

The Puzzling Persistence Of Horizontal Privity, Michael Lewyn

Michael E Lewyn

A discussion of the horizontal privity doctrine. Under this doctrine, restrictive covenants are binding upon future grantees only if the original parties to the covenant share some property interest outside the covenant- for example, if they are grantor and grantee of the same land, or if they are landlord and tenant. Although the doctrine has been often criticized by scholars, no recent court has rejected the privity requirement.


Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn Feb 2013

Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn

Michael E Lewyn

Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"


Plans Are Not Enough, Michael Lewyn Dec 2012

Plans Are Not Enough, Michael Lewyn

Michael E Lewyn

Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.