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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...

Esplanade Properties, Ltd. Liab. Corp. v. Seattle, City of

The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first...

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....

Adams Outdoor Adver. v. E. Lansing, City of

The court holds that a municipal regulation prohibiting billboards on rooftops did not effect a taking of an outdoor advertiser's interest in its rooftop signs. The regulation, enacted in 1975, prohibited rooftop billboards after 1987....

Leland v. Moran

The court grants in part and denies in part a New York municipal village's motion to dismiss property owners' negligence and Fourteenth Amendment due process claims against the village for failure to address an unlicensed solid waste...

Green Ridge, City of v. Kreisel

The court holds that a trial court incorrectly concluded that a city ordinance regulating junkyards was a zoning ordinance subject to notice-and-hearing requirements. A junkyard owner who had been cited for several violations of the...