Syllabus Land Use 2009

7/29/2019 Syllabus Land Use 2009

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Professor Carlos Ball

Land Use Controls

Fall, 2009

A. COURSE OUTLINE

I. ZONING AND THE RIGHTS OF LANDOWNERS

A. Substantive Due ProcessStates Police Power to Regulate Land Use

B. Equal Protection ClauseLine Drawing and Class of One Claims

C. Takings Clause

Nuisance Regulations

Ad Hoc AnalysisPer Se Takings

Exactions

Ripeness Doctrine

Also: Nonconforming Uses and Vested Rights

D. Public Use Clause

Federal Constitution

State Constitutions

E. Religious Land Uses

Free Exercise Clause

Religious Land Use and Institutionalized Persons Act (RLUIPA)

F. Free Speech

Sexually-Oriented Businesses

Billboards and Signs

II. ZONING CHANGES AND THE RIGHTS OF NEIGHBORS

A. Actions by Administrative Bodies

1. Variances

2. Special Exceptions or Special Uses or Conditional Uses


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B. Actions by Legislative Bodies

1. Rezoning, Spot Zoning, and Comprehensive Plans

2. Contract Zoning

C. Actions by Neighbors

III. WHAT IS IMPERMISSIBLE DISCRIMINATION IN LAND USE REGULATION?

A. Unconventional Households

B. Racial & Ethnic Minorities

C. Individuals with Disabilities

D. Sex Offenders

E. Poor People

IV. THE REGIONAL OBLIGATIONS OF MUNICIPALITIES

B. ASSIGNMENTS

Note #1: The numbered page references below are to Ellickson & Been,Land Use Controls:

Cases and Materials (3 Edition, 2005). The cases referenced by name are available on therd

courses Blackboard page under Course Documents.

Note #2: There will be no class on Thursday, September 3.

Class #1 Pp. 73-98

Class #2 Stoyanoff v. Berkeley; Kuvin v. Gables;pp. 489-494Class #3 Pp. 125-133; Flying J v. New Haven

Class #4 Pp. 134-145; 158-167

Class #5 Pp. 167-185

Class #6 Pp. 185-197

Class #7 Pp. 634-652


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Class #8 Pp. 663-668; St. Johns River Management District v. Koontz

Class #9 Pp. 233-240; Braun v. Ann Arbor Charter Township; Insomnia Inc. v. Memphis

Class #10 PA Northwestern Distributors v. Moon; pp. 197-201 (through Note 4); Greater

Harrodsburg v. Romero; pp. 201-202 (Notes 6-7).

Class #11 H.R.D.E. Inc. v. Romney; Western Land v. Logan; 206-208 (you may stop after Note

4 on p. 208)

Class #12 Pp. 819; 823-839 (you may begin with the Government as Land Assembler section

on p. 823)

Class #13 County of Wayne v. Hathcock; Goldstein v. New York Urban Development Corp.

Class #14 209-210; Westchester Day School v. Mamaroneck; Westgate Tabernacle v. Palm Beach

Class #15 Lighthouse Institute v. Long Branch; 220-231

Class #16 Pp. 472-482 (you may stop after Note #1 on p. 482); 484-489

Class #17 New Jersey v. DeAngelo; pp. 283-285; pp. 286-290; Driehous v. Walworth County

Class #18 Pp. 296-301 (you may stop after Note #3 on p. 301); Fairfax County v. Southland Corp.;

Crooked Creek Conservation & Gun Club v. Hamilton County

Class #19 Pp. 309-317; Riya Finnegan v. South Brunswick

Class #20 Pp. 336-340; 318-319; 322-327

Class #21 Pp. 341-347; 393-400

Class #22 Pp. 691; 710-712; Ames Rental Property Assn v. Ames; pp. 692-702

Class #23 Cine Sk8 v. Henrietta; pp. 716-721

Class #24 Schwarz v. Treasure Island; Iowa v. Willard; Mann v. Georgia Corrections Dept

Class #25 Pp. 709-710; 760-783

Class #26 Pp. 731-741; 747-749; 754-757

Class #27 Pp. 788-808


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C. OFFICE HOURS

Beginning on the week of September 14, my office hours will be on Wednesdays between

10:00 and 11:30 a.m. (If you would like to meet with me before September 14, let me know and

we can set up an appointment.) My office is located in Room 491. You are also welcome to e-mailme questions. (My e-mail address is [email protected].) I will do my best to answer your e-

mail questions within 48 hours of receiving them. If you want to reach me by phone, my office

telephone number is 973-353-3008.

D. CLASS ATTENDANCE AND PARTICIPATION

Class attendance is mandatory and class participation is greatly encouraged (and

appreciated!). I reserve the right to consider class attendance and participation in assigning final

grades. Although I almost never penalize students for poor class participation, I usually do give

additional points to those students whom I believe contribute the most to the quality of classdiscussion during the semester.

E. THE EXAM

The exam will be a closed book exam. It will consist of two essay questions. I will have

more to say about the exam later in the term.