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Zoning

Successful Community Strategies to Protect Open Space

The preservation of open space has captured the public's imagination. Taxpayers are lining up to vote in favor of referenda authorizing their local or state governments to borrow funds to purchase open land or its development rights....

Planning Is Essential: A Reply to Bishop and Tilley

Timothy S. Bishop and Cristina C. Tilley, litigators in the Chicago office of Mayer, Brown, Rowe & Maw, offered up a Dialogue in the July 2002, issue of the Environmental Law Reporter News & Analysis entitled Smart...

Smart Growth or Dumb Bureaucracy?

In the west Chicago suburb of Sugar Grove—population 4,000, twice what it was 10 years ago—new large-lot developments spread spider-like from the downtown public library, police station, and village hall out into open...

Local Land Use Controls That Achieve Smart Growth

Smart Growth admits of no clear definition. It provides a popular label for a growth strategy that addresses current concerns about traffic congestion, disappearing open space, nonpoint source pollution, the high cost of housing,...

Innovative Solutions to Euclidean Sprawl

Improperly planned urban development has resulted in catastrophic sprawl.1 The present land use zeitgeist hails urban and suburban mixed-use zoning as the solution.2 Mixed-use...

Judicial Deference to Local Land Use Decisions and the Emergence of Single Class Equal Protection Claims

To the extent the city argues that, as a matter of law, its landuse decisions are immune from judicial scrutiny under all circumstances, its position is contrary to settled regulatory takings principles. We reject this claim of error....