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53 Land Use L. & Zoning Dig. 1 (2001)

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& Zoning Digest


Commentary p. 3
Attorney Douglas Kendall and Law
Student Matthew Garvey discuss the
benefits of establishing municipal
insurance pools to cover the costs of
defending takings claims.

News p. 5
Washington University Journal of Law
and Policy publishes Festschrift
issue on land-use law honoring
Professor Daniel R. Mandelker.

Judicial  Decisions p. 7
Cities can delegate power to
condemn  property to airport
authority created by the cities in
joint powers agreement. Burbank-
Glendale-Pasadena Airport Authority
v. Hensler, 53 ZD 4.
Colorado law does not recognize
claim that unconstitutional taking
has occurred when regulation
substantially diminishes property
value but some reasonable use
remains. Animas Valley Sand and
Gravel, Inc. v. Board of County
Commissioners, 53 ZD 5.
Governing body acting in quasi-
judicial capacity violates procedural
due process when members  receive
telephone calls from concerned
citizens and names of callers and
substance of comments are not
disclosed at relevant public
hearings. Idaho Historic Preservation
Council, Inc. v. City Council, 53 ZD 7.


Rezoning to prohibit proposed
subsidized low income housing is
justified when substantial evidence
exists that area has changed.
Briarwood, Inc. v. City of Clarksdale,
53 ZD 9.
Prior subdivision approval does not
bar village from conducting site
plan review under its steep slope
law. Pomona Pointe Assocs., Ltd. v.
Incorporated Village of Pomona,
53 ZD 14.
Holder of a subdivision permit does
not have vested right to zoning
permits under zoning codes
applicable at the time subdivision
permit application was submitted.
In re Appeal of Taft Corners
Association, Inc., 53 ZD 20.

New   Legislation p. 21
Arizona authorizes creation of a
voluntary environmental
performance program to permit
organizations to develop their own
environmental policies, procedures,
training, and evaluation programs
and enter into cooperative
agreements with the state,
53 ZD 1001.


Vol. 53   No. 1


JANUARY 2001


Cases  1-25
Laws   1001-1016



Delaware enacts law prohibiting
adult uses throughout the state
from operating within 1,500 feet of
another adult use; within 500 feet of
a residence, regardless of the
zoning of the property; or within
2,800 feet of a church or school,
53 ZD 1004.
Because the state attorney general
issued an opinion that the
Manufactured  Housing Board was
without jurisdiction to enforce
preemptive provisions of the
Manufactured  Housing Law against
political subdivisions, Maine has
amended  the enabling act to clarify
that the board does have such
enforcement authority, 53 ZD 1008.
Rhode  Island adopts the Rhode
Island Development  Impact Fee
Act to ensure the availability of
adequate  public facilities to serve
new  growth and to establish
standards for the adoption of
impact fee ordinances,
53 ZD  1014.

Index p. 23
Index to Judicial Decisions, p. 23.
Index to New Legislation, p. 23.

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