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Articles 1 - 5 of 5
Full-Text Articles in Law
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Fordham Urban Law Journal
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
Law And A New Land Ethic, John A. Humbach
Law And A New Land Ethic, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
As open space comes under increasing development pressure, existing-use zoning provides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means for protecting high-demand or sensitive areas such as wetlands, coastlines, lakeshores, floodplains, stream corridors, and pristine reservoir watersheds. This Article reviews the viability of existing-use zoning under United States Supreme Court interpretations of the Constitution's takings clause. It concludes that nothing in those interpretations disallows this straightforward approach to preserving our country's familiar patterns of land use and development.
The Advent Of Zoning, Garrett Power
The Advent Of Zoning, Garrett Power
Faculty Scholarship
This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
Law Faculty Articles and Essays
In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.