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25 Zoning Dig. 1 (1973)

handle is hein.journals/planevirw25 and id is 1 raw text is: VOLUME 25 CASES 1-45 ISSUE 1 1973 Zoning Digest HIGHLIGHTS OF THIS ISSUE Easements-Public right to use privately owned beach The Florida Supreme Court holds that the public's use and enjoyment of a privately owned beach without active protest or objection by the owner where the beach was patrolled and maintained by the municipal government gave the public a prescriptive easement to use the beach for recreational activities without interference from the actual owner.City of Daytona Beach v. Tona-Rama, Inc., 25 ZD 1. Editorial Comment. Referendum-Review prior to vote prohibited Arizona Supreme Court refused to interfere with holding of referendum election on board of supervisor's passage of rezoning ordinance to allow planned development of a 3,840-acre tract of property on grounds such interference would violate separation or distribution of powers clause of state constitution. Queen Creek Land & Cattle Corp. v. Yavapai County Board of Supervisors, 25 ZD 2. Editorial Comment. Amendment-Adoption of zoning ordinance by initiative Municipal electors have power to present amendments to zoning ordinance through initiative petition process and amendatory ordinance prohibiting oil well drilling in all residential districts is reasonable, California intermediate level court rules. Bayless v. Limber, 25 ZD 3. Editorial Comment. Incorporation-Protest provision invalidated Incorporation statute which provided that an incorporation proceeding could be halted upon the filing of a protest petition signed by 51 per cent of the landowners owning property in the proposed city held by California Supreme Court to violate the equal protection clause of the Fourteenth Amendment and the state constitution. Curtis v. Board of Supervisors of Los Angeles County, 25 ZD 4. Editorial Comment. Statutoria Montana legislation removes coal strip-mining from list of public uses which allowed private use of eminent domain powers. 25 ZD at p. 21. Legislature in South Dakota approves legislation establishing procedures for declaration of vertical subdivisions for condominiums. 25 ZD at p. 22 . A river and stream preservation study is called for in Wyoming to survey that state's rivers and streams for future inclusion in a preservation system. 25 ZD at p. 22. Page Statutoria~~~~~~~~ ~ ~~~~~ . - .- . . . . . . . . . . . . 19 Alphabetical Listing of Cases . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . ... 24 Subject Listing of Cases . . . . .................... . . . . . . . . . . . ... 24

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