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Full-Text Articles in Law
Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon
Local Authority: Communities Have Means Of Influencing Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This case analysis examines several court decisions, including the results of three New York Court of Appeals cases where litigants challenged the constitutionality of municipal land use decisions. In each case, the court afforded the municipality deference and found that their objectives were rationally related to the decisions, mostly decisions to deny development. However, this presumption of validity given to local legislatures and quasi-judicial agencies presents a problem when land use decisions affect outside municipalities. Thankfully, through the use of training programs, municipalities are learning to work together to resolve intermunicipal land use issues.
Local Land Use: Decision Expands Federal Government's Role, John R. Nolon
Local Land Use: Decision Expands Federal Government's Role, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Environmental Protection Agency (EPA), pursuant to its authority under the Clean Water Act, has promulgated regulations creating the Storm Water Management Program. Contrary to the overall Clean Water Act scheme, which focuses on reducing pollution from point sources, the program has the objective of reducing non-point source water pollution. However, this program is not without controversy as heavy burdens are placed upon local governments, who themselves lack the financial resources, manpower, or technology to implement a complex federal system without federal or state assistance.
Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon
Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Great uncertainty surrounds the New York Open Meetings Law (OML), a law that permits the public to attend meetings of public bodies. Obviously, the OML becomes especially crucial in the area of land use where public governmental meetings are the norm, and conflicts usually involve several interested parties. This article delves into OML issues such as, what constitutes a public meeting, and the importance of having meetings open to the public.
Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon
Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …