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Articles 421 - 450 of 475
Full-Text Articles in Land Use Law
City Of Coral Gables V. Wood, 305 So. 2d 261 (Fla. 3d Dist. Ct. App. 1974), Richard Bryce Hadlow
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.
Agua Caliente Revisited: Recent Developments As To Zoning Of Indian Reservations, Osborne M. Reynolds Jr.
Agua Caliente Revisited: Recent Developments As To Zoning Of Indian Reservations, Osborne M. Reynolds Jr.
American Indian Law Review
No abstract provided.
Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham
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
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.
Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock
Consistency With Adopted Land Use Plans As A Standard Of Judicial Review: The Case Against, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review
Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review
Florida State University Law Review
Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.
Comprehensive Land Use Plans And The Consistency Requirement, Kenneth Hart
Comprehensive Land Use Plans And The Consistency Requirement, Kenneth Hart
Florida State University Law Review
No abstract provided.
Comprehensive Development Planning In England: Historical Experience And Some Comparisons With Florida's Proposed Legislation, Eric Barendt
Comprehensive Development Planning In England: Historical Experience And Some Comparisons With Florida's Proposed Legislation, Eric Barendt
Florida State University Law Review
No abstract provided.
Transferable Development Rights As A Basis For Land Use Control, Donald M. Carmichael
Transferable Development Rights As A Basis For Land Use Control, Donald M. Carmichael
Florida State University Law Review
No abstract provided.
Belle Terre V. Boraas, Stewart Goldstein
Belle Terre V. Boraas, Stewart Goldstein
Cleveland State Law Review
On April 1, 1974, the Supreme Court announced its opinion in the first zoning case of constitutional dimensions that the Court had decided in the last forty-six years. In sustaining the ordinance of the Village of Belle Terre, with its restrictive definition of "family," the Court reaffirmed its respect for the lines drawn by legislatures in the area of zoning and equal protection. The Belle Terre decision reaffirmed the validity of one municipality's mechanism for preserving the style of life of its inhabitants, free from exposure to one element of the counterculture, the voluntary cooperative association of unrelated persons: the …
Review, David L. Callies
Review, David L. Callies
University of Michigan Journal of Law Reform
Review of Public Planning and Control of Urban and Land Development, Cases and Materials by Donald G. Hagman
Zoning The Reservation--Village Of Euclid Meets Agua Caliente, Osborne M. Reynolds Jr.
Zoning The Reservation--Village Of Euclid Meets Agua Caliente, Osborne M. Reynolds Jr.
American Indian Law Review
No abstract provided.
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Michigan Law Review
The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
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 …
Book Reviews, Judith T. Younger, Joseph R. Crowley
Book Reviews, Judith T. Younger, Joseph R. Crowley
Fordham Urban Law Journal
Urban Planning and Land Development Control Law. By Donald Hagman. This book seeks to "distill, summarize and state textually the wisdom on planning and development control law collected" and serves as a supplement to Mr. Hagman's casebook. The reviewer criticizes the book for not more fully addressing zoning issues and the related problem of population concentration and dispersion as evidenced in the Golden v. Planning Board case. Public Workers and Public Unions. Edited by Sam Zagoria. This book brings together divergent views on on the growth of unions and other employee organizations, the impacts ad legal issues presented by collective …
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
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
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.
Residential Densities: A Patchwork Placebo, Stephen Sussna
Residential Densities: A Patchwork Placebo, Stephen Sussna
Fordham Urban Law Journal
This article examines the importance of residential density planning in today's society and the misapplications of this concept which have led to serious inequities in the population distribution of major American urban areas. The article will also discuss one of the great obstacles to the achievement of a rational population distribution, namely, exclusionary zoning ordinances. Finally, it will evaluate the future of density planning, specifically examining "ideal densities" and "efficient design for new communities" as well as the judicial implications of the problem. Several recommendations will also be made which, if implemented, would alleviate some of the difficulties that permeate …
Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler
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 …
Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden
Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden
Cleveland State Law Review
It is the thesis of this paper that a municipality may not prevent expansion of an existing mobile home park (in the absence of a clear showing that to do so is necessary to promote the public health, safety, or welfare) by excluding mobile home parks from the zoning resolution, and through statutory limitations on the expansion of nonconforming uses. After examining treatment by the courts of regulating and excluding mobile home parks, several possible approaches will be shown for the mobile home park developer to use in overcoming these zoning restrictions.
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
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.
Zoning For Aesthetics Substantially Reducing Property Values
Zoning For Aesthetics Substantially Reducing Property Values
Washington and Lee Law Review
No abstract provided.
Memorandum Of Decision, United States District Court, Northern District Of California
Memorandum Of Decision, United States District Court, Northern District Of California
Other Cases
No abstract provided.
Overcoming Barriers To Scattered-Site Low-Cost Housing, Darrel J. Grinstead
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 …
Local Zoning Of Strip Mining, Leslie E. Renkey
Local Zoning Of Strip Mining, Leslie E. Renkey
Kentucky Law Journal
No abstract provided.
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
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 …
From Common Law Logic-Chopper To Land-Use Planner: Eulogy For The Lawyer As Social Engineer, E. F. Roberts
From Common Law Logic-Chopper To Land-Use Planner: Eulogy For The Lawyer As Social Engineer, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …
Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren
Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren
Michigan Law Review
From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …
The Termination Of Nonconforming Uses, Marvin M. Moore
The Termination Of Nonconforming Uses, Marvin M. Moore
William & Mary Law Review
No abstract provided.