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Full-Text Articles in Law
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
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The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”
At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
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This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
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Review of Zoned In The USA, by Sonia Hirt.
Is An Apartment A Nuisance?, Michael Lewyn
Is An Apartment A Nuisance?, Michael Lewyn
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In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
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Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
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American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
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Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …