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Discretionary Land Use Controls: Avoiding Invitations to Abuse of Disc...

Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion, 2011 Ed.

By Brian W. Blaesser
ISBN-13: 9780314606655
Last Updated: 10/24/2011
Availability: In Stock  
Product Details »
Brand: Clark Boardman Callaghan
Pages: 788
Components: 1 Print
Shelf Space: 1 in.
Free Update Period: 90 days
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Available Options:
Book - softbound
List Price:
 $279.00
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Description

The 14th edition of Discretionary Land Use Controls gives you a step-by-step explanation of how to limit government abuse of discretion. It provides critical explanation of:
  • The new generation of tree preservation ordinances, premised on the view that trees on private property are the "public's resource"
  • Local governments' latest form of exaction – the "fee in lieu of sales tax"
  • Use of the "floating zone" to resolve a nonconforming use status
  • The newest green building rating systems and requirements
  • Developer "class-of-one" equal protection claims brought under Village of Willowbrook v. Olech
  • Site plan review of "by-right" uses
  • Procedures used by local government to amend a PUD years after approval
  • Mandatory government sustainable (green building) design and development regulations

Features

  • Explains the types of abuse of discretion in discretionary land use decision making
  • Provides Practice Tips after each chapter on how to avoid or prevent local government abuses of discretion in land use and development controls
  • Provides a critical explanation of the complex array of discretionary approval mechanisms used by local governments to address growth, preserve natural resources, provide for infrastructure needs, preserve community character and achieve sustainable design and development
  • Provides litigation strategies for asserting constitutional protections against local government abuses in discretionary decision making
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