NCJ Number
65481
Journal
Harvard Law Review Volume: 91 Issue: 7 Dated: (MAY 1978) Pages: 1427-1708
Date Published
1978
Length
282 pages
Annotation
AFTER TRACING A HISTORY OF THE DEVELOPMENT OF ZONING LAW, THE USES AND LIMITATIONS OF MUNICIPAL ZONING POWER ARE DISCUSSED.
Abstract
THE LEGITIMATE ENDS OF ZONING, THE LIMITS PLACE ON ZONING BY THE 'TAKINGS CLAUSE' (A FIFTH AMENDMENT PROVISION WHICH PROVIDES THAT PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION), AND THE PROCEDURES THAT MUST BE FOLLOWED BEFORE A ZONING MEASURE MAY BE ADOPTED ARE DISCUSSED, WITH ATTENTION GIVEN TO CONTROVERSIAL ISSUES. BECAUSE SEVERAL CITIES HAVE ATTEMPTED TO USE ZONING TO CONTROL 'ADULT' BOOKSTORES AND THEATERS WHICH ARE CONSTITUTIONALLY PROTECTED, FIRST AMENDMENT ISSUES SURROUNDING THE USE OF ZONING POWER ARE CONSIDERED. THE RELATIONSHIP BETWEEN ZONING AND THE FIRST AMENDMENT IS CANVASSED ON A NUMBER OF ISSUES, AND THE CONSTITUTIONAL REQUIREMENTS THAT MUST BE MET TO CONTROL 'ADULT' BOOKSTORES AND THEATERS THROUGH ZONING ARE CONSIDERED. ZONING USES WHICH RESTRICT THE LOCATION OF FOSTER HOMES, HALFWAY HOUSES, AND EXTENDED FAMILIES ARE IDENTIFIED, AND EFFORTS TO LIMIT THE USE OF ZONING POWER IN THESE AREAS ARE DISCUSSED. ALSO CONSIDERED ARE THE PROBLEMS RAISED BY ZONING TO PRESERVE THE NATURAL ENVIRONMENT, INCLUDING CONSTITUTIONAL RESTRAINTS WHICH MIGHT LIMIT CONGRESSIONAL ACTION. BECAUSE EFFORTS BY THE SUBURBS TO RETAIN CERTAIN AMENITIES THROUGH ZONING HAVE HAD TROUBLING IMPACTS UPON REGIONAL HOUSING AND EDUCATIONAL OPPORTUNITIES FOR THE POOR AND MINORITIES, THE LEGAL ISSUES RAISED BY EXCLUSIONARY ZONING PRACTICES ARE CONSIDERED. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)