Land Use Law Commons^™

Cityland – Vol. 10, No. 3, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of April 2013. The City Council approved Trinity Church’s Special Hudson Square District rezoning with modifications to encourage affordable housing and open space, including landmarking efforts for the South Village. The Landmarks Preservation Commission approved a revised nine-story building at 325 West Broadway and rejected a proposed building adjacent to the Merchant’s House Museum due to design and preservation concerns. Alloy Development’s townhouse project at 55 Pearl Street in DUMBO received approval after design refinements. A new building at 74 Grand Street will incorporate …

Cityland – Vol. 10, No. 2, Center For New York City Law

CityLand - 2013

This issue of CityLand covers key land use and preservation developments in New York City as of March 2013. Highlights include City Council Speaker Christine Quinn’s State of the City Address, which focused on affordable housing and middle-class support. The Council held hearings on the Special Hudson Square District rezoning, with concerns raised about open space and landmarking the adjacent South Village. The Council also approved the rezoning of the Maple Lanes Bowling Alley site in Brooklyn for a 112-unit residential development and a synagogue. The City Planning Commission approved the Hudson Square rezoning with modifications, including height adjustments and …

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …

Cityland – Vol. 10, No. 1, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of February 2013. It opens with a retrospective of the top ten stories of 2012, including NYU’s campus expansion, the landmarking of Brinckerhoff Cemetery, and the Chelsea Market expansion. The City Council approved the East Village/Lower East Side Historic District, while the City Planning Commission celebrated its 75th anniversary and advanced the Durst West 57th Street development. A proposed rezoning in Flushing faced opposition from Community Board 7. Landmark Preservation Commission approved the renovation of the Rainbow Room and denied legalization of unauthorized alterations …

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.

This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda

Publications

Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …

Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull

Student Competition & Published Writings

The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …

Archival: A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zackeriah Carpenter, Gregory Chakalian, Darcy S. Bushnell

Publications

The Utton Center prepared this Water Rights Manual to assist Mutual Domestic Water Consumers Associations (MDWCAs) with the development, protection and management of their water rights.

This manual provides an introduction to and defines Water Rights in New Mexico, as well as to acquire and have recognized Water Rights. This document also covers water management and planning, and provides additional resources.

Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa

Publications

No abstract provided.

Cityland – Vol. 9, No. 10, Center For New York City Law

CityLand - 2012

This issue of CityLand explores legal, planning, and preservation developments in New York City as of December 2012. It features a student article on the legal distinctions between accessory and advertising signs, and the regulatory frameworks governing signage in residential, commercial, and manufacturing districts. The City Council rejected the sale of 22 Reade Street to preserve its potential use for an African Burial Ground Museum, while approving the sale of 49–51 Chambers Street. The Brinckerhoff Cemetery in Queens was designated a landmark despite opposition from the property owner. The Council also approved reduced parking requirements for Downtown Brooklyn to encourage …

Cityland – Vol. 9, No. 9, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use, zoning, and preservation developments in New York City as of November 2012. Key highlights include the City Council’s approval of Jamestown Properties’ modified Chelsea Market expansion plan, which includes contributions to affordable housing and the High Line. The Seward Park Mixed-Use Development Project was approved with increased housing units and space for a public school. The West Harlem rezoning plan was modified to address community concerns, including preservation of affordable housing. The Board of Standards & Appeals approved rooftop additions to East Village tenements despite opposition. Landmark Preservation Commission approved revised plans …

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.

Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly

Publications

No abstract provided.

Cityland – Vol. 9, No. 8, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of October 2012. The City Council approved rezoning proposals for mixed-use and residential developments in South Williamsburg and Bedford-Stuyvesant North, and considered a 90-block rezoning in West Harlem. Landmarks approved a revised plan to restore Harlem’s Corn Exchange Building and held a public hearing on the Rainbow Room’s interior landmark designation. A multi-rowhouse restoration and construction plan in Cobble Hill was reviewed, and a nine-story development adjacent to the Merchant’s House Museum raised concerns about structural impacts. A proposed rooftop addition in SoHo was …

Groundwater In New Mexico, Darcy Bushnell

Publications

No abstract provided.

Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law

Publications

No abstract provided.

Cityland – Vol. 9, No. 7, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and preservation developments in New York City as of September 2012. The City Council denied a sidewalk café permit for Buschenschank restaurant in Carroll Gardens due to inaccurate plans and noise complaints. The City Planning Commission certified Trinity Church’s proposal to create the Special Hudson Square District, and approved the Seward Park Mixed-Use Development Project and NYCHA’s Soundview affordable housing plan. BSA approved a rooftop addition to a townhouse on West 78th Street. Landmarks designated the Brinckerhoff Cemetery in Queens and calendared the Rainbow Room for interior landmark status. A new building …

Cityland – Vol. 9, No. 6, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of August 2012. The City Council approved a further-reduced version of NYU’s Core Expansion Plan, including height reductions and community space commitments. The City Planning Commission held a hearing on Jamestown Properties’ Chelsea Market expansion, which faced opposition over its impact on the High Line and lack of affordable housing. A rezoning in South Williamsburg was approved to facilitate a two-building residential project with affordable units. The Board of Standards & Appeals adopted revised rules to streamline application procedures and approved a special permit …

Cityland – Vol. 9, No. 5, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of July 2012. The City Council approved a zoning text amendment to limit the size of banks and storefronts in the Upper West Side’s commercial corridors. The City Planning Commission modified and approved NYU’s Core Expansion Plan, reducing building heights, eliminating a proposed hotel, and requiring oversight of open space. Landmarks held a hearing on the proposed East Village/Lower East Side Historic District, receiving mixed testimony. A heavily altered Federal-era rowhouse at 177 West Broadway was decalendared. Landmarks approved reconstruction of a deteriorated Fort …

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Cityland – Vol. 9, No. 4, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and preservation developments in New York City as of June 2012. The City Council approved the Mill Basin rezoning and land disposition plan, facilitating Kristal Auto Mall’s relocation and Toys ‘R’ Us site improvements. Taconic Investment Partners received approval to revive a seven-story residential project in Tribeca. The City Planning Commission approved a large contextual rezoning for Woodhaven and Richmond Hill, and certified major rezonings for Bedford-Stuyvesant North and West Harlem. A special permit was considered for a nine-story building at 83 Walker Street in Tribeca. The Commission also reviewed a retroactive …

American Indian Water Right Settlements, Darcy Bushnell

Publications

No abstract provided.

Cityland – Vol. 9, No. 3, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of May 2012. The City Council approved Rudin Management’s redevelopment of the former St. Vincent’s Hospital campus in Greenwich Village, including preservation of the Reiss Pavilion and creation of an AIDS memorial park. The City Planning Commission certified Jewish Home Lifecare’s proposal for a new nursing home on West 97th Street, despite community concerns about land scarcity. Landmarks resolved a long-standing conflict over an illegal addition on West 68th Street and approved revised additions to two buildings on Lispenard Street in Tribeca. The Park …

New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer

Publications

No abstract provided.

Cityland – Vol. 9, No. 2, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and zoning developments in New York City as of March 15, 2012. The City Council approved the creation of the Westchester Square BID in the Bronx after resolving procedural notice issues. The City Planning Commission held a hearing on the “Zone Green” zoning text amendment to promote energy-efficient retrofits and green building design. A residential development was authorized in a manufacturing district in Ridgewood, Queens. BSA approved reduced parking requirements for a medical facility in Brooklyn despite community opposition. Landmark approvals included the Metropolitan Museum of Art’s plaza renovation and the restoration …

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle

Pepperdine Law Review

Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.