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23 Zoning Dig. [i] (1971)

handle is hein.journals/planevirw23 and id is 1 raw text is: 







VOLUME 23 CASES 1-43 JANUARY 1971

Zoning Digest






                         HIGHLIGHTS OF THIS ISSUE


Overlay Zone

      The Court of Appeals of Maryland enthusiastically endorses the use
      of an overlay zone.  Swarthmore Co. v. Kaestner, 23 ZD 1 with Edi-
      torial Note.


Special Use Permit

      A decision illustrating the administrative nature of special use
      permits and the standards which must be imposed upon their issuance.
      Lund v. City of Tumwater, 23 ZD 2 with Editorial Note.


Mobile Home

      An ordinance that was adopted in 1937 to regulate the parking of
      trailers by transients had no application to a mobile home designed
      for and used for a permanent residence. City of Salem v. Trussell,
      23 ZD 3.


Subdivision

      The Supreme Court of California holds that an application for a
      building permit cannot be refused merely because the applicant's
      grantor had subdivided the tract of which the applicant's lot was
      a part without filing a subdivision plat. Keizer v. Adams, 23 ZD 4.


Inverse Condemnation

      The Supreme Court of California reaffirms the Albers principle under
      which a government is liable in inverse condemnation, absent fault,
      for physical injuries to real property which were proximately caused
      by a government improvement as deliberately constructed and planned.
      Holtz v. Superior Court of City and County of San Francisco, 23 ZD 5.

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