Planning and control of land development : cases and materials / Daniel R. Mandelker, Carol Necole Brown, Lance M. Freeman, Stuart Meck, Dwight H. Merriam, Peter W. Salsich, Jr., Nancy E. Stroud, Edward J. Sullivan.

Format:

Book

Author/Creator:

Mandelker, Daniel R., author.

Merriam, Dwight H., author.

Stroud, Nancy, author.

Sullivan, Edward J., author.

Freeman, Lance M., author.

Contributor:

Brown, Carol Necole.

John G. Hartman Memorial Library Fund.

Language:

English

Subjects (All):

Land use--Law and legislation--United States--Cases.

Land use.

Real estate development--Law and legislation--United States--Cases.

Real estate development.

Land use--Law and legislation.

Real estate development--Law and legislation.

United States.

Genre:

Trials, litigation, etc.

Physical Description:

xxvi, 857 pages : illustrations ; 27 cm

Edition:

Tenth edition.

Place of Publication:

Durham, North Carolina : Caroline Academic Press, 2020.

Contents:

Machine generated contents note: ch. 1 An Introduction to Land Use Controls

A. Early Land Regulation

B. The Colonial Era in America

C. The Modern Era

D. The Rise of Zoning

E. Nuisance Law

Bove v. Donner-Hanna Coke Co.

Notes and Questions

F. The Late 20th and Early 21st Centuries

G. Conclusion

ch. 2 The Constitution and Land Use Controls: Origins, Limitations, and Federal Remedies

A. The Takings Issue

[1]. Eminent Domain

Kelo v. City of New London

[2]. Regulatory Takings

[a]. The Early Supreme Court Cases

Pennsylvania Coal Co. v. Mahon

A Note on the Keystone Case

Village of Euclid v. Ambler Realty Co.

Ambler Realty Co. v. Village of Euclid

A Critique: Tarlock, Euclid Revisited

A Note on Facial and As-Applied Challenges: Nectow v. City of Cambridge

[b]. The Balancing Test

Perm Central Transportation Co. v. City of New York

A Note on Physical Occupation as a Per Se Taking

More on "Facial" and "As-Applied" Takings Challenges

[c]. Unconstitutional Conditions: The Nexus and Rough Proportionality Tests

[i]. The "Nexus" Test

Nollan v. California Coastal Commission

[ii]. The "Rough Proportionality" Test

Dolan v. City of Tigard

A Note on Nollan and Dolan Applied

[3]. Removal of the "Substantially Advances" Test

Lingle v. Chevron U.S.A. Inc.

[4]. The Inverse Condemnation Remedy

First English Evangelical Lutheran Church of Glendale v. County of Los Angeles

[5]. A Per Se Takings Rule

Lucas v. South Carolina Coastal Council

A Note on How the Courts Have Drawn the Teeth of the Lucas Decision

[6]. Penn Central Vindicated

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, Inc.

[7]. The Denominator Issue

Murr v. Wisconsin

[8]. Federal Takings Executive Orders and Federal and State Takings Legislation

A Note on the Takings Clause Literature

B. Substantive Due Process Limitations Under the Federal Constitution

George Washington University v. District of Columbia

C. Equal Protection Limitations Under the Federal Constitution

Village ofWillowbrook v. Olech

D. Federal Remedies for Constitutional Violations

[1]. Relief Under Section 1983 of the Federal Civil Rights Act

[a]. The Scope of Section 1983

[b]. Custom and Policy

[c]. Procedural Due Process Action

[d]. State Tort Liability Analogy

[e]. Immunity from Section 1983 Liability

[f]. Damages and Attorney's Fees

Problem

[2]. Barriers to Judicial Relief: Ripeness

Knick v. Township of Scott, Pennsylvania

[3]. Barriers to Judicial Relief: Abstention

ch. 3 Control of Land Use by Zoning

A. The History and Structure of the Zoning System

[1]. Some History

[2]. Zoning Enabling Legislation

A Standard State Zoning Enabling Act

A Note on Contemporary Approaches to Zoning Enabling Legislation

General Laws of Rhode Island Title 45

[3]. The Zoning Ordinance

B. Zoning Litigation in State Courts

[1]. Standing

Center Bay Gardens, LLC v. City of Tempe City Council

[2]. Exhaustion of Remedies

Ben Lomond, Inc. v. Municipality of Anchorage

[3]. Securing Judicial Review

Copple v. City of Lincoln

[4]. Remedies in Land Use Cases

[a]. Forms of Remedy

[b]. Specific Relief

City of Richmond v. Randall

C. Judicial Review of Zoning Disputes

A Preliminary Note on Judicial Review

Krause v. City of Royal Oak

D. Recurring Issues in Zoning Law

[1]. Density and Intensity of Use

[a]. Density Restrictions: Large Lot Zoning

Johnson v. Town of Edgartown

[b]. Density Restrictions: Agricultural Zoning

Gardner v. New Jersey Pinelands Commission

A Note on the Transfer of Development Rights as a Technique for Protecting Agricultural and Natural Resource Areas

[c]. Site Development Requirements as a Form of Control

Floor Area Ratio (F.A.R.)

[2]. Residential Districts

[a]. Separation of Single-Family and Multifamily Uses

[b]. Short Term Rentals

[c]. Single-Family Residential Use: The Non-Traditional "Family"

Village of Belle Terre v. Boraas

City of Cleburne v. Cleburne Living Center

A Note on Alternatives to Single-Family Zoning

[d]. Manufactured Housing

A Note on Home Occupations

[3]. Commercial and Industrial Uses

[a]. In the Zoning Ordinance

Loreto Development Co., Inc. v. Village of Chardon

A Note on "Big Box" Retail Zoning

A Note on Incentive Zoning and Special Districts in Downtown and Commercial Areas

[b]. Zoning to Control Competition

Hernandez v. City of Hanford

[c]. Antitrust Problems

[4]. Districting and Nonconforming Uses

A Note on the History of Non-Conforming Uses

Conforti v. City of Manchester

City of Los Angeles v. Gage

A Note on Alternate Strategies for Eliminating Nonconforming Uses

[5]. Uses Entitled to Special Protection

[a]. Free Speech-Protected Uses: Adult Businesses

City ofRenton v. Playtime Theatres, Inc.

[b]. Religious Uses

Adam Community Center v. City of Troy

More on RLUIPA: Equal Terms and Nondiscrimination Provisions

E. Mixed-Use Zoning, Form-Based Zoning, and Transit-Oriented Development

[1]. Mixed-Use Development

[2]. Transit-Oriented Development

[3]. New Urbanism, Neotraditional Development, Form-Based (and Smart) Codes

ch. 4 Equity Issues in Land Use: Exclusionary and Inclusionary Zoning and Fair Housing

A. Exclusionary Zoning and Affordable Housing: State Law

[1]. The Problem

Southern Burlington County NAACP v. Township of Mount Laurel (I)

A Note on Zoning, Regulation, and Markets

[2]. Redressing Exclusionary Zoning: Different Approaches

Southern Burlington County NAACP v. Township of Mount Laurel (II)

A Note on Exclusionary Zoning Decisions in Other States

[3]. Affordable Housing Legislation

[a]. State and Local Decision Making Structures for Affordable Housing Needs

[i]. "Bottom Up": The California Housing Element Requirement

[ii]. Housing Appeals Boards

[b]. Techniques for Producing Affordable Housing

[i]. Inclusionary Zoning

A Note on Inclusionary Zoning and Regulatory Takings

B. Discriminatory Zoning Under Federal Law

[2]. Standing in Federal Court

[3]. The Federal Court Focus on Racial Discrimination

[a]. The Constitution

Village of Arlington Heights v. Metropolitan Housing Development Corp.

[b]. Fair Housing Legislation

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

C. Discrimination Against Group Homes for the Handicapped

Larkin v. State of Michigan Department of Social Services

ch.

5 The Zoning Process: Euclidean Zoning Gives Way to Flexible Zoning

A. The Role of Zoning Change

Mandelker, Delegation of Power and Function in Zoning Administration

B. Moratoria and Interim Controls on Development

Ecogen, LLC v. Town of Italy

A Note on Statutes Authorizing Moratoria and Interim Zoning

C. The Zoning Variance

Puritan-Greenfield Improvement Association v. Leo

A Note on Area or Dimensional Variances

Ziervogelv. Washington County Board of Adjustment

D. The Special Exception, Special Use Permit, or Conditional Use

Fairfax County v. Southland Corp

Crooked Creek Conservation and Gun Club, Inc. v. Hamilton County North Board of Zoning Appeals

E. The Zoning Amendment

[1]. Estoppel and Vested Rights

Western Land Equities, Inc. v. City of Logan

A Note on Development Agreements

[2]. "Spot" Zoning

Kuehne v. Town of East Hartford

[3]. Quasi-Judicial Versus Legislative Rezoning

Board of County Commissioners of Brevard County v. Snyder

A Note on State Law Procedural Due Process in Land Use Decisions

A Note on Bribery and Corruption in Zoning

[4]. Downzoning

Stone v. City of Wilton

F. Other Forms of Flexible Zoning

[1]. With Pre-Set Standards: The Floating Zone

[2]. Without Pre-Set Standards: Contract and Conditional Zoning

Contents note continued: Collard v. Incorporated Village of Flower Hill

G. Site Plan Review

Charisma Holding Corp. v. Zoning Board of Appeals of the Town of Lewisboro

H. The Role of the Comprehensive Plan in the Zoning Process

Haines v. City of Phoenix

A Note on Simplifying and Coordinating the Decision Making Process

A Note on Alternative Dispute Resolution

I. Initiative and Referendum

Township of Sparta v. Spillane

City of Eastlake v. Forest City Enterprises, Inc.

J. Strategic Lawsuits Against Public Participation (SLAPP Suits)

Tri-County Concrete Company v. Uffman-Kirsch

ch. 6 Subdivision Controls and Planned Unit Developments

A. Subdivision Controls

[1]. In General

Connecticut General Statute

A Note on Subdivision Covenants and Other Private Control Devices

[2]. The Subdivision Review Process

Meek, Wack & Zimet, Zoning and Subdivision Regulation, in The Practice of Local Government Planning

[3]. The Scope of Subdivision Control

Garipay v. Town of Hanover

B. Exactions: Dedications and Impact Fees

A Note on the Price Effects of Exactions: Who Pays?

[1]. Exactions and the Takings Clause

[2]. Dolan Revisited

[a]. Dedications of Land

Sparks v. Douglas County

[b]. Impact Fees

Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore

A Note on Statutory Authority for Dedications, In-Lieu Fees and Impact Fees

C. Planned Unit Developments (PUDs) and Planned Communities

Planned Unit Development as a Zoning Concept, in D. Mandelker, Planned Unit Developments

Campion v. Board of Aldermen of the City of New Haven

Sinkler v. County of Charleston

ch. 7 Modern Land Use Regulation

A. Introduction

B. Land Use Regulation and the Environment

1. Preserving Agricultural Land

Programs for the Preservation of Agricultural Land

Cordes, Takings, Fairness and Farmland Preservation

Stop the Dump Coalition v. Yamhill County

A Note on the Industrialization and Environmental Impacts of Agriculture

2. Coastal Zone Management

3. Protecting Hillsides

[a]. Regulations for Hillside Protection

[b]. Takings and Other Issues

C. An Introduction to Growth Management

D. Quota Programs

Construction Industry Association of Sonoma County v. City of Petaluma

E. Phased Growth Programs

Golden v. Ramapo Planning Board

Note on Limiting the Availability of Public Services as a Growth Management Tool

F. Adequate Public Facility Ordinances and Concurrency Requirements

Maryland-National Capital Park and Planning Commission v. Rosenberg

Concurrency

G. Tier Systems and Urban Service Areas

H. Oregon Growth Management

Land Watch of Lane County v. Lane County

I. Growth Management Programs in Other States

Washington

Vermont

Hawai'i

J. An Evaluation of Growth Management Programs

ch. 8 Aesthetics: Design Review, Sign Regulation, and Historic Preservation

A. Aesthetics as a Regulatory Purpose

B. Outdoor Advertising Regulation

[1]. In the State Courts

Metromedia, Inc. v. City of San Diego

A Note on the Federal Highway Beautification Act

[2]. Free Speech Issues

A Note on Free Speech Problems with Other Types of Sign Regulations

C. Urban Design

[1]. Appearance Codes

State ex rel. Stoyanoff v. Berkeley

[2]. Design Review

In re Pierce Subdivision Application

A Note on Design Guidelines and Manuals

[3]. Urban Design Plans

A Note on View Protection

D. Historic Preservation

[1]. Historic Districts

Figarsky v. Historic District Commission

[2]. Historic Landmarks

A Note on Federal Historic Preservation Programs

[3]. Transfer of Development Rights as a Historic Preservation Technique

Fred F. French Investing Co. v. City of New York

A Note on Making TDR Work.

Notes:

Includes bibliographical references and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the John G. Hartman Memorial Library Fund.

ISBN:

1531017444

9781531017446

OCLC:

1182866633

Publisher Number:

99991413513