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Comprehensive Land Use Plan : For Areas Within The Jurisdiction Of The Maine Land Use Regulation Commission, Land Use Regulation Commission

Maine Collection

Comprehensive Land Use Plan : For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission

Maine Department of Conservation, Land Use Regulation Commission, Augusta, Maine.

Originally Adopted in 1976; Revised in 1983.

Contents: Chapter 1 : The Land Use Regulation Commission / Chapter 2 : Natural Resources / Chapter 3 : Development / Chapter 4 : Goals and Policies of the Commission / Chapter 5 : Issues for the Present and the Future / Appendices

The Reasonableness Of Aesthetic Zoning In Florida: A Look Beyond The Police Power, Russell P. Schropp

Florida State University Law Review

No abstract provided.

Book Review, Howard C. Klemme

Publications

No abstract provided.

Impact Fees: An Answer To Local Governments' Funding Dilemma, Julian Conrad Juergensmeyer, Robert Mason Blake

Florida State University Law Review

No abstract provided.

City Zoning: The Once And Future Frontier, Michigan Law Review

Michigan Law Review

A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock

Everything In Its Place: Social Order And Land Use In America, Michigan Law Review

Michigan Law Review

A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin

Kentucky Law Survey: Zoning, Robin Griffin, Frank Becker

Kentucky Law Journal

No abstract provided.

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

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.

Requiring Preservation And Maintenance Of Historical District Is Within Zoning Power, Stephen Roger Kane

Mercer Law Review

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Regulating Location Of 'Adult Theaters' On Basis Of Film Content Is Constitutional, Alan Parker Layne

Mercer Law Review

In Young v. American Mini Theaters, the U.S. Supreme Court, in a 5- 4 decision, upheld a Detroit zoning ordinance that regulated the location of theaters exhibiting adult films. The Court rejected due-process and equal-protection arguments and concluded that First-Amendment principles were not offended even though the classification was based upon the content of the films.

On November 2, 1972, Detroit amended an "Anti Skid Row" ordinance enacted approximately ten years earlier.2 The 1972 amendment prohibited the location of "adult theaters" within 1,000 feet of any two other regulated uses.' Theaters exhibiting material that was "distinguished or characterized by …

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 Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen

Articles by Maurer Faculty

In the past twenty-four years, Minnesota and forty-two other states in an effort to ease the growing burden on public parks and campgrounds have enacted recreational use statutes to encourage private landowners to open their land to the public for recreational use. As incentive, the statutes offer the landowners a limited form of tort immunity if they gratuitously allow entry for recreational use. Despite their simplicity, the possible ramifications of the statutes in the area of premises liability law are far-reaching. This Note analyzes the Minnesota recreational use statute and suggests a theoretical framework for its interpretation.

The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker

Michigan Law Review

This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.

City Of Coral Gables V. Wood, 305 So. 2d 261 (Fla. 3d Dist. Ct. App. 1974), Richard Bryce Hadlow

Florida State University Law Review

Zoning Ordinance-ENHANCEMENT OF AESTHETIC VALUES ALONE NOT SUFFICIENT BASIS FOR EXERCISE OF POLICE POWER IN FLORIDA.

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham

Michigan Law Review

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although …

Mobile Home Park Practices: The Legal Relationship Between Mobile Home Park Owners And Tenants Who Own Mobile Homes, Robert S. Hightower

Florida State University Law Review

No abstract provided.

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …

Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry

University of Michigan Journal of Law Reform

This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.

Philadelphia's Urban Homesteading Ordinance: A Poor Beginning Toward Reoccupying The Urban Ghost Town, Shelly Scott Friedman

Buffalo Law Review

No abstract provided.

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

Judicial Review Of Zoning Adminstration, Richard A. Pelletier

Cleveland State Law Review

This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …

The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon

University of Michigan Journal of Law Reform

This article will examine both exclusionary zoning and subdivision control with a view toward analyzing the assumptions common to both types of laws. The operative differences between exclusionary zoning and subdivision control may be non-existent. If this is truly the case, the judicial response to each practice should be the same.

Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler

Michigan Law Review

The purpose of this Article is to explore those situations in which courts have given meaning to the Euclid caveat in operation, and, from those instances, to attempt to evolve a judicial approach to the problems posed by the conflict between purely local interests on the one hand and more comprehensive regional interests on the other. Four basic premises are herein indulged: (1) that strictly local zoning is unsatisfactory; (2) that new and innovative legislation will not be readily forthcoming; (3) that the burden of mediating these conflict situations will continue to fall upon the judiciary; and (4) that present …

Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review

Michigan Law Review

This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.

Overcoming Barriers To Scattered-Site Low-Cost Housing, Darrel J. Grinstead

University of Michigan Journal of Law Reform

The effect of most zoning devices which have been used in suburban and non-ghetto city planning in the past few decades has been to erect substantial economic barriers around entire cities. These devices include minimum lot size requirements, density zoning, frontage requirements, single family restrictions, and minimum living space requirements. While such zoning practices may not be exclusionary in purpose, exclusion of minority groups has been the result. Moreover, since most minorities are heavily concentrated in low income groups, economic segregation will bring about a high degree of racial and ethnic segregation. Indeed, it has been suggested that these economic …

Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies

University of Michigan Journal of Law Reform

As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …

Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.