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Articles 31 - 54 of 54
Full-Text Articles in Land Use Law
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Fordham Urban Law Journal
Beginning from the premise that 1998 saw an increase in the number of land-use ethics cases, this Article describes the issues and problems that relate to ethics in land-use cases by breaking them into four separate categories: conflicts of interest, compatibility of office, bias and prejudgment, and miscellaneous. The conflicts of interest section describes cases involving financial gain for oneself, a family member or a business associate. The compatibility of office section describes situations where a person holds multiple public offices and the conflicts in duty that might arise. The bias and prejudgment section describes situations where a person's predetermined …
Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann
Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann
Seattle University Law Review
This Comment argues that while the public may ultimately benefit economically from public-private partnership development, the legal mechanisms used in public-private partnerships to skirt the constitution violate the public trust by (1) precluding the public from obtaining information regarding these projects; (2) denying the taxpaying public their right to participate in public choices and spending decisions that affect them; and (3) severely impinging on the public's state constitutional right to the referendum process. Furthermore, by allowing these mechanisms to exist, the Washington Supreme Court only furthers the violation of the public's trust, while simultaneously weakening the role of the judiciary …
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Articles
No abstract provided.
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Seattle University Law Review
The Law Review thought it was time to conduct a progress report on the GMA, especially in light of the revolutionary changes it has created for land use law in Washington, including the development of a much more comprehensive approach to land use and resource management. We thought it might be helpful to provide a short history explaining what led to the adoption of the GMA in order to better understand its significance for land use in Washington.
Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz
Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz
Seattle University Law Review
The adoption of the Washington Growth Management Act (GMA or "the Act") marked a major change in local government land use decision-making in the State of Washington. The Act's requirement that local governments adopt a comprehensive land use plan (Plan) to guide development consistent with goals adopted by the state legislature and then implement that Plan with consistent regulations was a revolutionary step toward statewide land use planning. Much has been written about the "GMA revolution." These writings primarily focus on the GMA's procedural and substantive requirements for adoption of Plans and how these mandates have changed the face of …
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …
A Doctrine Adrift: Land Use Regulation And The Substantive Due Process Of Lawton V. Steele In The Supreme Court Of Washington, Susan Boyd
Washington Law Review
Although substantive due process theory has lost much of its force as a local policymaking tool in the federal courts, the doctrine has played a significant role in the land use policies of Washington State. Relying on an ancient U.S. Supreme Court case, Lawton v. Steele, the Supreme Court of Washington has declared that legislation permitting government to pass the social costs of low-income housing demolition on to individual developers through development impact fees is "unduly oppressive" on those individuals and thus violates substantive due process. This Comment argues that the substantive due process doctrine the Supreme Court of …
Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson
Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson
LLM Theses and Essays
A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …
In Memoriam: Albert E. Utton, Natural Resources Journal
In Memoriam: Albert E. Utton, Natural Resources Journal
Natural Resources Journal
No abstract provided.
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
Scholarly Works
No abstract provided.
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Law Faculty Articles and Essays
This article concerns the use of deed restrictions and other institutional controls as tools to encourage brownfields redevelopment.
New York City Zones Out Free Expression, Martin A. Schwartz
New York City Zones Out Free Expression, Martin A. Schwartz
Scholarly Works
No abstract provided.
Urban Growth: A Global Challenge, Janet Stearns
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Nimby's Legacy: A Challenge To Local Autonomy: Regulating The Siting Of Group Homes In New York, Anna L. Georgiou
Fordham Urban Law Journal
Group homes represent a non-traditional alternative to single family living. The advent of the group home has taken place since the 1970s for a number of reasons, namely, due to a severe shortage in affordable housing, particularly for newly employed young adults and the elderly, due to public policy considerations calling for deinstitutionalization of the developmentally disabled and mentally ill, and finally due to a growing need for congregate type living arrangements for other special needs populations. Part I of the article explores the framework of the New York State zoning authority and the methods by which municipalities regulate the …
Smart Growth: A Catalyst For Public-Interest Investment, Honorable Norman B. Rice
Smart Growth: A Catalyst For Public-Interest Investment, Honorable Norman B. Rice
Fordham Urban Law Journal
Written by a former mayor of Seattle, this Article describes the "smart growth" movement as a way to sustain the livability of large urban centers in the twenty-first strategy. It describes some of the problems facing urban areas experiencing population growth, namely traffic, rising housing prices and a scarcity of open space. The "smart growth" movement seeks to address these problems in a cost efficient and environmentally friendly manner. Specifically, it seeks to do so through increased citizen participation in development decisions an constructive dialogue regarding development on individual neighborhoods. Ultimately, the goal of the movement is to make urban …
Washington's Growth Management Revolution Goes To Court, Richard L. Settle
Washington's Growth Management Revolution Goes To Court, Richard L. Settle
Seattle University Law Review
The purpose of this Article is to analyze and explain court decisions in cases involving challenges to the GMA itself, Growth Board rulings on local compliance, and GMA constraints on specific projects. Special emphasis will be given to the relative degrees of judicial deference accorded to the decisions of local governments and Growth Boards, respectively. Because most GMA requirements are conceptual, not definitive, and often ambiguous, a pervasive, recurring issue is whether the legislature intended to authorize local governments or the Growth Boards to fill in GMA's blanks, that is, to give specific meaning to GMA's often broadly stated requirements. …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Scholarly Works
No abstract provided.
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Including Best Available Science In The Designation And Protection Of Critical Areas Under The Growth Management Act, Alan D. Copsey
Including Best Available Science In The Designation And Protection Of Critical Areas Under The Growth Management Act, Alan D. Copsey
Seattle University Law Review
This Article discusses the meaning of these latter two requirements: the requirements to include best available science and to give special consideration to the conservation of anadromous fisheries. Section II defines "best available science" by examining the fundamental characteristics of scientific information applied in the context of the GMA. Expanding on the work of a technical team convened by DCTED, this Article suggests an approach useful for identifying scientific information and assessing which of that information should be considered the "best available science." Section III concludes that the requirement of RCW 36.70A. 172(1) to include best available science is a …
Utah's Grand Staircase: The Right Path To Wilderness Preservation?, James R. Rasband
Utah's Grand Staircase: The Right Path To Wilderness Preservation?, James R. Rasband
Faculty Scholarship
No abstract provided.
Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien
Faculty Scholarship
Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …