Current Decisions on State and Federal Law in Planning and Zoning, Part I




Kramer, Bruce M.

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Urban Lawyer


The past year saw an increase in both state and federal planning and zoning cases with the number rising near 400 in state cases and over fifty for federal cases. There were also several Supreme Court decisions rendered that will have a direct or indirect impact on governmental regulation of land use, including Village of Willowbrook v. Oleeh. The federalization of land-use control as it affects the telecommunications industry was made apparent by the many cases arising under the Telecommunications Act, a trend seen in the past two years. In addition, there appears to be a growing number of "omnibus" constitutional challenges to zoning decisions based on regulatory taking, substantive or procedural due process, and equal protection grounds. In most cases, the author will report these "omnibus" attacks in the section that appeared to be the most important to the deciding court. This article follows the basic outline used in prior years. As in past years the author has intentionally omitted analyzing cases where the main issues are primarily parochial in nature.



Planning and zoning cases, Governmental regulation of land use


33 Urb. Law. 561