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Articles 1 - 10 of 10

Full-Text Articles in Law

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman Jul 1977

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.


Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr. Jul 1977

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

No abstract provided.


Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham May 1977

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …


The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor Apr 1977

The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor

University of Michigan Journal of Law Reform

This article will assess the constitutionality of zoning to promote noise-compatible development and the problems of establishing an institutional framework for such land use management. Particular attention will be paid to the location of authority to administer a noise-compatibility program and to procedures for enforcing the program's goals.


Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman Jan 1977

Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman

Indiana Law Journal

This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.


Contractors & Builders Association V. City Of Dunedin, 329 So. 2d 314 (Fla. 1976), Pamela Hotine Espenshade Jan 1977

Contractors & Builders Association V. City Of Dunedin, 329 So. 2d 314 (Fla. 1976), Pamela Hotine Espenshade

Florida State University Law Review

Local Government - CONCEPT OF IMPACT FEES UPHELD BUT RESTRICTIONS IMPOSED ON SCOPE OF THE FEE AND USE OF FUNDS.


The Effects Test: New Directions, David C. Hsia Jan 1977

The Effects Test: New Directions, David C. Hsia

Santa Clara Law Review

No abstract provided.


Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr. Jan 1977

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.


Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter Jan 1977

Compensation On Expropriation: The Effect Of Zoning And Other Land Use Restrictions On The Award, Daniel F. Potter

Dalhousie Law Journal

The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the …


Controlled Growth Zoning: Confronting The Inevitable, C. Davis Hendricks Jan 1977

Controlled Growth Zoning: Confronting The Inevitable, C. Davis Hendricks

Kentucky Law Journal

No abstract provided.