Member Publications
Books
Quasi-Judicial Handbook: A Guide for Boards Making Development Regulation Decisions
Adam Lovelady and David W. Owens
UNC School of Government, 2017
As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties.
This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review.
Integrating Water Efficiency Into Land Use Planning in the Interior West: A Guidebook for Local Planners
Jennie Nolon Blanchard, Ed.
Western Resource Advocates, 2018.
Western Resource Advocates teamed up with Pace University's Land Use Law Center to develop a comprehensive Guidebook that provides land use planners with the resources necessary to fully integrate water efficiency into their land use planning efforts. This Guidebook provides hundreds of techniques, sample codes/policies, and community examples that explain how to reduce the water footprint of new development. Each chapter in the guidebook provides water efficiency policy options in a different planning stage. These include comprehensive plans, zoning code, subdivision regulations, site-plan regulations, development agreements, non-zoning incentives, and more. The Guidebook is targeted to land use planning professionals but written in an accessible manner for water professionals and other interested parties as well. As demonstrated throughout the Guidebook, planning water-smart communities can both meet the housing needs of our new residents and use significantly less water.
Vacant and Problem Properties: A Guide to Legal Strategies and Remedies
Alan Mallach, Jessica Bacher & Meg Byerly Williams, Eds.
ABA Publishing, 2019
Vacant and problem properties are a pervasive and far-reaching problem, and local governments, from the smallest town to the largest city, find themselves on the front lines, addressing their effects. Any municipality, community organization, developer, or private citizen who wants to tackle the problem property issue must understand the complex legal landscape in which those properties exist.
This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.
The book is written for practicing attorneys, including those working for local governments; those representing property owners, community-based organizations, and developers; and those involved in property transactions or redevelopment. It is also of great value to planners and other public officials and to professionals of all backgrounds working with housing developers, community development corporations, and other neighborhood-based organizations.
Cases and Materials on Land Use (American Casebook Series, Sixth Edition)
David L. Callies, Robert Freilich and Thomas Roberts
West Academic Publishing, 2017
This sixth edition is a major update with new cases, notes, and commentary in all subjects, as well as an expansion to new areas of land use regulation that make the book more modern and comprehensive. New topics include global warming, greenhouse gas emissions, renewable solar and wind energy, rainwater capture and conservation, and green development standards. This edition also includes:
- A new section on zoning litigation covering ripeness, finality, and exhaustion of remedies; standing; statutes of limitations; and judicial review
- Commentary on intergovernmental conflicts and judicial takings
- Enhanced coverage of modern state planning acts, types of plans, and cases on consistency
Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression
Brian J. Connolly, Ed.
ABA Publishing, 2017
This new take on Free Speech and land use law serves as a general overview of the areas in which the First Amendment and land use law intersect.
Land Use in a Nutshell
John R. Nolon and Patricia E. Salkin
Thomson West, 2017
Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.
Seeing the Better City: How to Explore, Observe, and Improve Urban Space
Charles R. Wolfe
Island Press, 2017
In order to understand and improve cities today, personal observation remains as important as ever. While big data, digital mapping, and simulated cityscapes are valuable tools for understanding urban space, using them without on-the-ground, human impressions risks creating places that do not reflect authentic local context. Seeing the Better City brings our attention back to the real world right in front of us, focusing it once more on the sights, sounds, and experiences of place in order to craft policies, plans, and regulations to shape better urban environments.
Through clear prose and vibrant photographs, Charles Wolfe shows those who experience cities how they might catalog the influences of urban form, neighborhood dynamics, public transportation, and myriad other basic city elements that impact their daily lives. He then shares insights into how they can use those observations to contribute to better planning and design decisions. Wolfe calls this the "urban diary" approach, and highlights how the perspective of the observer is key to understanding the dynamics of urban space. He concludes by offering contemporary examples and guidance on how to use carefully recorded and organized observations as a tool to create change in urban planning conversations and practice.
From city-dwellers to elected officials involved in local planning and design issues, this book is an invaluable tool for constructive, creative discourse about improving urban space and a compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.
Property Law and the Public Interest: Cases and Materials (Fifth Edition)
David L. Callies, Daniel R. Mandelker, and J. Gordon Hylton
2016
This casebook surveys the law of both personal and real property from the perspective of public and private rights and restrictions on things and land. After establishing a framework within which to define property, the text covers not only traditional topics like conveyancing, estates and future interests, leaseholds and inherent and public limitations on use, but also the applicability of such limitations in modern contexts such as intellectual property, housing discrimination, public lands and environmental protection, with brief nods to emerging areas like hydraulic fracturing and GMO regulation.
Reshaping Suburban Spaces: Lessons from North Carolina Cities
Adam Lovelady
UNC School of Government, 2016
A shift is happening. North Carolina communities grew significantly through the twentieth century, but they grew with low density suburban development. Now communities are grappling with questions about how to reshape these suburban spaces. What is the local government's role in this transition? How does a city or county encourage the redevelopment of suburban spaces? And what are the practical and political implications?
Reshaping suburban spaces is a complex issue, raising questions of zoning, finance, utilities, transportation, and more. This report explores how communities are experimenting to address those challenges. It is organized into three parts:
- "Designing Change" explores the infrastructure and urban design elements that shift a place from suburban to urban. These design considerations apply to private redevelopment through zoning standards, as well as to public improvements required through exactions or provided through public investment.
- "Zoning Change" considers the different approaches to zoning — site-specific conditional zoning, development agreements, and form-based codes — that North Carolina municipalities have used to accommodate suburban redevelopment.
- "Financing Change" outlines the tools and approaches for public and private participation in financing redevelopment.
Although this report is rooted in North Carolina law, the lessons provided are not limited to North Carolina cities. Many of the topics discussed — including many of the design considerations, zoning approaches, and financing options — are not unique to North Carolina.
Land Subdivision Regulation in North Carolina
Adam Lovelady
UNC School of Government, 2016
This book covers the law, policy, and practice of land subdivision regulation in North Carolina. Designed for subdivision ordinance administrators, city and county planners, attorneys, and other interested public and private professionals, it is a resource for understanding the legal framework and practical applications of land subdivision regulation in North Carolina. Chapters cover a variety of topics such as:
- the authority for regulation,
- the procedures for review and approval of subdivision plats,
- subdivision design and standards for improvements,
- the dedication of land and improvements to the public, and
- subdivision ordinance enforcement.
Two appendixes provide a comparison of the statutory authority for cities and counties to regulate land subdivision, and case summaries of related North Carolina court cases.
Street Graphics and the Law, Planning Advisory Service Report No.580
APA Planning Advisory Service Report
Daniel R. Mandelker, John M. Baker, and Richard Crawford, 2015
Street Graphics and the Law is an APA Planning Advisory Service Report that presents an innovative approach to regulating on-premise signs. Based on years of research into practice and court challenges, the report contains a model ordinance that has informed sign regulation across the country.
Group Homes
Brian J. Connolly and Dwight H. Merriam
American Bar Association, 2015
"Group Homes provides an overview of the legal obligation to provide fair housing for people with disabilities and the policy rationales standing behind those obligations. It is an invaluable resource for those interested in the history, law, planning policy, and political strategy of developing housing for people with disabilities. Resting on two significant assumptions regarding law and history relating to people with disabilities — fair housing is right for all, including those with disabilities, and individuals with disabilities have been subjected to serious discrimination in many realms, particularly housing — it is the intention of this book to ensure that local governments make the appropriate regulations and accommodations to provide equal and fair housing for people with disabilities, while also respecting the rights and legitimate desires of other residents whose properties or lives may be impacted in some meaningful way by a new housing development in the community.
"This book guides you over a wide range of credible information — from the practical background of the population of people with disabilities, through the law relating to housing for people with disabilities, and into the planning and regulatory approaches that can and should be applied to group homes."
Land Use Law: Zoning in the 21st Century
Brent Denzin, Julie Tappendorf, Adam Simon, David Silverman, Gregory Jones, and Daniel Bolin
Law Journal Press, 2015
"Land Use Law: Zoning in the 21st Century was created to provide land use professionals with practical advice on zoning issues and up-to-date analyses of the legal issues they are likely to encounter in their practice.
"These tools go beyond the black letter law and focus on modern examples. In some cases the tools are familiar, but used in unique ways. In others, the circumstances demand truly "outside-the-box" thinking.
"A range of modern topics is covered in this volume, including:
- Harmonizing zoning goals
- Promoting economic development
- Managing stormwater
- Promoting pedestrian- and transit-oriented development
- Regulating adult use establishments
- Setting standards for gun sales and use
- Planning for urban agriculture
- Addressing foreclosures and blight
- Zoning for cellular communications
- Regulating hydraulic fracturing
- Planning for wind-generated energy
- Regulating digital signage
"Additionally, this volume provides appendices containing checklists, tips and guidelines, as well as sample ordinances, agreements, forms and other documents that land use professionals will find practical and helpful."
The Complete Illustrated Book of Development Definitions, fourth ed.
Harvey S. Moskowitz, Carl G. Lindbloom, David Listokin, Richard Preiss, and Dwight H. Merriam
Transaction, 2015
"The latest edition of The Illustrated Book of Development Definitions breaks new ground. It addresses traditional and new planning problems: natural and industrial disasters such as hurricanes and oil spills; new housing types and living accommodations; changes in urban design and practice like new urbanism; sustainability; pedestrian and bicycle friendly environments; and more. Joining Harvey S. Moskowitz and Carl G. Lindbloom, authors of the first three editions, are two prominent, nationally known planners: David Listokin and Richard Preiss. Attorney Dwight H. Merriam adds legal annotations to almost all 2,276 definitions. These citations from court decisions bridge the gap between land use theory and real world application, bringing a new dimension to this edition. More than 20,000 copies of previous editions were sold over four decades to professionals and government representatives, such as members of planning and zoning boards and municipal governing bodies. This first revision in ten years updates what is widely acknowledged as an essential, standard reference for planners."
Urban Agriculture: Policy, Law, Strategy and Implementation
Martha H. Chumbler, Sorell E. Negro, and Lawrence E. Bechler, eds.
American Bar Association, 2015
"A current, practical resource on all aspects of agricultural activities within non-rural settings, ranging from neighborhood gardens to commercial farming operations, this book addresses many of the land use, environmental, and regulatory legal issues that confront local governments, property owners, businesses, nonprofit organizations, and neighborhood groups when addressing urban gardening or farming. Chapter authors also describe and analyze the experiences of specific urban areas, providing perspectives on their different approaches.
"Interest in urban agriculture continues to flourish, and as a result more communities are faced with the demand for a variety of agricultural activities within the urban environment. Urban Agriculture is a current, practical resource on all aspects of agricultural activities within non-rural settings, ranging from neighborhood gardens to commercial farming operations.
"This book addresses many of the land use, environmental, and regulatory legal issues that confront local governments, property owners, businesses, nonprofit organizations, and neighborhood groups when addressing urban gardening or farming. In addition, the book's authors describe and analyze the experiences of specific urban areas, providing perspectives on these different approaches, from those that have been successful to the ones that have not, as well as activities not yet fully evaluated."
Planning the Pacific Northwest
Chapter 3 by Ronald Eber and Edward J. Sullivan
Sterrett et al., eds.
APA Planners Press, 2015
"Planning the Pacific Northwest continues the APA Planners Press series on how planning shapes major American cities.
"The Pacific Northwest is green to the extreme. Yet a day trip can go from pristine wilderness to downtown Seattle, Portland, or Vancouver. How are these commercial and cultural hot spots keeping nature and growth in balance — and what's coming next? Trace the path from forests and fish to bikes and brews in a tale of three cities leading the way to smart growth."
Protecting the Environment through Land Use Law: Standing Ground
John R. Nolon
Environmental Law Institute, 2014
"Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes the critical importance of law in protecting the environment and promoting sustainable development.
"Standing Ground looks at the legal foundations of local environmental law within the federal legal system, how traditional land use techniques can be used to protect the environment, and innovative and flexible methods for protecting fragile environmental areas and for making urban neighborhoods livable. Nolon examines the effects of climate change on sea level and storm surges, examining local strategies for disaster preparation, mitigation, and recovery. He discusses the growing emphasis on green infrastructure and urban agriculture as crucial strategies for fostering a healthy environment and analyzes the role of environmental impact review. The book concludes with a discussion of environmental dispute resolution and consensus-based land use decisionmaking."
At the Cutting Edge 2014: Land Use Law from The Urban Lawyer
Dwight H. Merriam and Julian Conrad Juergensmeyer
American Bar Association, 2014
At the Cutting Edge is "[a]n essential resource for practitioners, planning professionals, and students, this book provides information and insight into current issues affecting land use law. A compilation of the most recent Section of State and Local Government Law committee reports from The Urban Lawyer, this book covers a wide range of issues:
- The Religious Land Use and Institutionalized Persons Act - recent decisions and developments
- How local governments can resolve Koontz's prohibitions on Ad Hoc land use restrictions
- A look at Koontz v. St. Johns River Water Management District
- Overcoming neoliberal hegemony will be difficult: community development and the social welfare obligation norm - a response to Jerrod A. Long
- Recent developments in eminent domain: public use
- Recent developments in coastal adaptation to climate change
- Recent developments in comprehensive planning
- Recent developments in regulatory takings."
Urbanism Without Effort
Charles R. Wolfe
Island Press 2013
"This beautifully illustrated short e-book explores the idea that to create vibrant, sustainable urban areas for the long term, we must first understand what happens naturally when people congregate in cities — innate, unprompted interactions of urban dwellers with each other and their surrounding urban and physical environment. Wolfe elaborates on the perspective that the underlying rationales for urban policy, planning and regulation are best understood from a historical perspective and in a better understanding of the everyday uses of urban space. To make his case, Wolfe draws on his years of writing about urbanism as well as his professional experiences as a land use and environmental lawyer and offers compelling case study vignettes from everyday urban life.
"Successful community, Wolfe argues, is among the first principles of what makes humans feel happy, and therefore city dwellers invariably celebrate environments where and when they can coexist safely, in a mutually supportive way. Wolfe believes such celebration is most interesting when it occurs spontaneously — seemingly without effort. He contends it is critical to first isolate these spontaneous and latent examples of successful urban land use, before applying any prescriptive government policies or initiatives. Wolfe provides something rare in contemporary urbanist writing — rich illustrations and examples from real life — both historical and current. His writing about the past and the future of urban form offers readers inspiration, historical context, and a better understanding of how a sustainable, inviting urban environment is created."
Articles
2020
David Callies and Ellen R. Ashford, Knick in Perspective: Restoring a Regulatory Takings Remedy, ABA State & Local Law News (Winter 2020).
Lauren Ashley Week, "Shaking Up Small Business: The Impact of Seismic Retrofitting on Small Business in San Francisco," University of Michigan Agora Journal of Urban Planning and Design (forthcoming).
2019
David Callies, Public and Private Land Development Conditions: An Overview, UIC John Marshall Law Review Vol. 52 (2019).
David Callies, The Public Trust Doctrine, Brigham-Kanner Property Rights Conference Journal Vol. 8 (2019).
David Callies, The Public Trust Doctrine: A Background Principle Exception to Categorical Regulatory Takings After Lucas, Vol. 42 Zoning and Planning Law Report (November 2019).
Edward Sullivan & A. Dan Tarlock, The Western Urban Landscape and Climate Change, Environmental Law Vol. 49 (2019).
Edward Sullivan, In the Knick of Time: The Supreme Court Provides Direct Relief to Takings Claimants, Zoning and Planning Law Report Vol. 42 (October 2019).
Mark White, Coding to Avoid the Takings Trap, Zoning Practice (May 2019).
2018
Babak Manouchehrifar, Is Planning 'Secular'? Rethinking Religion, Secularism, and Planning, Planning Theory & Practice Vol. 19 (2018).
Howard D. Geneslaw, Development Applications Must Include All Checklist Items to Receive Protection from Changes in Development Regulations, New Jersey Supreme Court Rules, (2018).
Daniel Mandelker, Practicable Alternatives for Wetlands Development Under the Clean Water Act, Environmental Law Reporter, Vol. 48, No. 10 (2018).
Dwight H. Merriam, For the Record, The Commissioner (2018).
John R. Nolon, Low Carbon Land Use: Paris, Pittsburgh, and the IPCC, University of Arkansas Little Rock Law Review Vol. 40 (2018).
Evan J. Seeman, John F. X. Peloso, Jr., Karla L. Chaffee, and Diana E. Neeves, Robinson Cole LLP, Local Government Regulation of Religious Land Uses Under RLUIPA, Thomson Reuters Practical Law (2018).
Evan J. Seeman, Brian R. Smith, and Kevin P. Daly, Inverse Condemnation: Asserting the Ripeness Defense in Federal Courts, Thomson Reuters Practical Law (2018).
Evan J. Seeman, Brian R. Smith, and Kevin P. Daly, Inverse Condemnation: Subsumption and Ripeness of Related Constitutional Claims, Thomson Reuters Practical Law (2018).
Ed Sullivan, Protecting Oregon's Estuaries, Ocean & Coastal Law Journal, Vol. 23, No.2 (2018).
Ed Sullivan, Shorelands Protection in Oregon, Journal of Environmental Law and Litigation, Vol. 33 (2018).
Ed Sullivan and Paul Diller, The Challenge of Housing Affordability in Oregon: Facts, Tools and Outcomes, Journal of Housing and Community Development, Vol. 27 (2018).
Ed Sullivan, Steven R. Schell and Alan K. Brickley, Climate Change and Oregon Law: What Is to Be Done? Journal of Environmental Law and Litigation, Vol. 33 (2018).
Mark White, The Takings Denominator in Zoning Lot Merger Cases: Murr v. Wisconsin, Planning & Law (Spring 2018).
2017
Sara C. Bronin, Rezoning the Post-Industrial City: Hartford, ABA Probate & Property Journal (May/June 2017).
Carol N. Brown & Dwight H. Merriam, On the Twenty-Fifth Anniversary of Lucas: Making or Breaking the Takings Claim, Iowa Law Review, Vol. 102 (2017).
David L. Callies, Housing Discrimination and Exclusionary Zoning in the United States, (with Derrick) 3 Journal of International and Comparative Law (2017).
Brian J. Connolly, Understanding the First Amendment Limitations on Government Regulation of Artwork, 40 State and Local Law News, no. 2 (Winter 2017).
Dwight Merriam, Meeting and Beating the Challenge of Off-Campus Student Housing, Zoning Practice (August 2017).
Dwight Merriam, Your Launch Pad for Drone Regulations, Planning (June 2017).
Dwight Merriam, The 2016 ZiPLeRs: The Twenty-Second Annual Zoning and Planning Law Report Land Use Decision Awards, Zoning and Planning Law Report (February 2017).
John R. Nolon, Zoning's Centennial: A Complete Account of the Evolution of Zoning into a Robust System of Land Use Law--1916-2016 (Part IV), Zoning and Planning Law Report (January 2017).
Evan Seeman, Karla Chaffee, Dwight Merriam, and John Peloso, RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA's Safe Harbor Provision to Avoid Liability, Planning & Law (Spring 2017).
Edward J. Sullivan, The Slow Evolution of Energy Planning — One State's Experience, Zoning and Planning Law Report (2017).
Edward J. Sullivan, Reconsidering the Land Use and Taxation Impacts of One Aspect of The 'Sharing Economy' in the United States, Zoning and Planning Law Report (2017).
2016
John R. Nolon, Enhancing the Urban Environment through Green Infrastructure, 46 Environmental Law Reporter 10072 (January 2016).
Evan J. Seeman and Brian R. Smith, Five Tips for Planners and Planning Commissioners Reviewing Religious Land Use Applications, Connecticut Planning (Spring 2016).
Brian J. Connolly, Promise Unfulfilled? Zoning, Disparate Impact, and Affirmatively Furthering Fair Housing, 48 Urban Lawyer 785 (2016).
Kimberley Mickelson, David S. Silverman, and Susan Trevarthen, Legal Lessons: Drafting Defensible Regulations, Planning (December 2016).
John R. Nolon, Zoning's Centennial: A Complete Account of the Evolution of Zoning into a Robust System of Land Use Law--1916-2016 (Parts I-III), Zoning and Planning Law Report (2016).
David S. Silverman, Legal Lessons: It's Time to Rethink Temporary Use, Planning (July 2016).
Edward J. Sullivan, "The Connection Between Land Use and Transportation: The Oregon Experience," The Urban Lawyer, Vol. 48, No. 4 (Fall 2016).
2015
Craig Anthony (Tony) Arnold, Environmental Law, Episode IV: A New Hope? Can Environmental Law Adapt for Resilient Communities and Ecosystems?, 21(1) Journal of Environmental and Sustainability Law 1-45 (2015).
John M. Baker and Edward J. Sullivan, Father Does Not Know Best: A Response to Justice Anderson's Concurring Opinion in RDNT, LLC v. City of Bloomington, Zoning and Planning Law Report, Vol. 38, Issue 9 (October 2015).
David Callies, GMO Regulation, 38 Zoning and Planning Law Report, Vol. 38, Issue 10 (November 2015).
David Callies & Ian Wesley-Smith, Beyond Blackstone: The Emergence of Customary Law in the United States and Internationally, 5 Brigham Young Property Rights Journal ___ (forthcoming June 2015).
Olivia Odom Green, Ahjond Garmestani, Craig Allen, Lance H. Gunderson, J.B. Ruhl, Craig Anthony (Tony) Arnold, Nicholas A.J. Graham, Barbara Cosens, David Angeler, Brian C. Chaffin and C.S. Holling, Barriers and Bridges to the Integration of Social-Ecological Resilience and Law, 13(6) Frontiers in Ecology and the Environment 332-337 (2015).
John R. Nolon, Mitigating Climate Change by Zoning for Solar Energy Systems: Embracing Clean Energy Technology in Zoning's Centennial Year, Zoning and Planning Law Report, Vol. 38, Issue 11 (December 2015).
John R. Nolon, An Environmental Understanding of the Local Land Use System, Environmental Law Reporter (March 2015).
John R. Nolon, Climate Adaptation and Disaster Mitigation: Land Use Strategies, The Environmental Forum, Vol. 32, Issue 4 (July/August 2015).
Edward J. Sullivan, Urbanization in Oregon: Goal 14 and the Urban Growth Boundary, Urban Lawyer, Vol. 47, No. 1 (winter 2015).
Evan J. Seeman, Finding Salvation in Religious Law's Safe Harbor; Municipal governments can take steps to mitigate RLUIPA claims, Connecticut Law Tribune, Vol. 41, No. 12 (Mar. 23, 2015).
Evan J. Seeman, Sign Regulation Turned on Its Head, Connecticut Planning (Fall 2015).
Charles R. Wolfe, Using Urban Observation to "Ghost Bust" Cities, The Huffington Post, Mar. 26, 2015.
J. Justin Woods, Incorporating NY Land Banks into the Delinquent Property Tax Enforcement Processes, NY Zoning Law & Practice Report, Vol. 15, No. 5 (2015).
This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning and implementing community revitalization programs.
David Callies, Regulation of Hydraulic Fracturing, 49 The John Marshall Law Review, Volume 49, Issue 2, Spring 2015.
2014
David Callies, Through A Glass Clearly: Predicting the Future in Land Use Takings Law, 54 Washburn L.J. 43 (2014).
Evan J. Seeman, RLUIPA Defense Tactics; How to Avoid & Defend Against RLUIPA Claims, Zoning & Planning Law Report, Vol. 37, No. 11 (Dec 2014).
This article explores steps that local governments can take to avoid claims brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA) in the first instance, including carefully and deliberately planning for religious uses and how to educate local government officials on how to handle zoning applications involving proposed religious uses. The article next explores several ways in which local governments can mitigate the risk of liability in the event a RLUIPA lawsuit is brought.
Edward J. Sullivan, Recent Developments in Comprehensive Planning, Urban Lawyer, Vol. 46, No. 3 (Summer 2014).
Edward J. Sullivan, Urban Growth Management in Portland, Oregon, 93 OR. L. Rev. 455 (2014).
Edward J. Sullivan, Regional Problem Solving in Action: Lessons from the Greater Bear Creek Valley RPS Process, 46 Urban Lawyer 269 (2014).
Charles R. Wolfe, 5 'Placemaking' Lessons From Seattle's Amazing Super Bowl Parade, CityLab, Feb. 7, 2014.
Charles R. Wolfe, Why Urban History Matters, myurbanist, Mar. 3, 2014.
Charles R. Wolfe, The Underlying Patterns of Urban Street Design, Planetizen, Mar. 20, 2014.