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Review

Cape Wind stakeholder debate

Alliance vs. DPU

Dormant Commerce Clause Cost/Benefit Analysis

Public Finding (within cost/benefit analysis)

Private Negotiations

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Key Take-Aways

What is land planning? Examples?

Planned vs. Unplanned States (analysis)

National Amusement vs. City of Boston Facts

Zoning Amendment

Court decision

What could the court have done? (how would this havechanged land planning in Massachusetts?)

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Land Planning (Defined)

The regulation of activities (How can I use my land?)

The regulation of land use (What can I build on myland?)

Protection of natural resources (What am Iprevented from doing to protect ____wetlands____ ?)

Preparation (or recovery) for disaster relief. (i.e.Mitigate the effects of Hurricane Sandy, Nemo & alsoprevent damage in the future)

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Example of Land Planning

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Example of Land Planning

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Example of Land Planning

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Example of Land Planning

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Example of Land Planning

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How do you regulate?

Comprehensive Plan (Goals)

Zoning Code (Laws)

Zoning Map

Zoning Enforcement Agency

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Where does the power toregulate land planning

come from?

State Police Power

Power to regulate for the protection health, safety,and welfare.

Power of domain (eminent domain)

Power of taxation (impact fees)

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Plan vs. Unplanned States

Planned States

Consistency Doctrine

Unplanned States

Rational Basis Test

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National Amusement vs.City of Boston

Facts

Zoning History

Courts Decision? (Was deference given to ZoningCommission?)

Spot Zoning (NOT void ab nitio)

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Hypo #1

James, a property owner in Massachusetts, hasretained you. He is concerned that the 40-acre farmhe recently purchased may be encroached upon by

noxious and undesirable land uses. His best friend,an attorney from California, told him not to worry,that the zoning regulating the abutting lands is lowdensity residential and is unlikely to change. Even ifit does change, counseled James friend, the change

must be in accord with the communityscomprehensive plan. True?

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Hypo #2

The City of Smithville wants to protect its historicdowntown district by imposing conditions onproperty owners for new construction or

significant reconstruction of structures. Is this aproper exercise of Smithvilles police powers?

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Hypo #3

Bruce Enterprises wants to construct a large industrialfactory to produce weapon parts. The area that BruceEnterprises would like to build is zoned for residentialuse. The surrounding area is all industrial (i.e. cement

factory, auto parts factory). Currently, on the propertyBruce would like to build there are no residentialproperties. The City of Oz changes the zoning code fromresidential to industrial use. They conduct severalstudies looking at the current uses, patterns of

development, uses in the surrounding area. Theyconclude that it is in the best interest of their city torezone the area for industrial use. Is the change inzoning ordinance spot zoning? How would your analysischange if you knew it was a planned or unplanned state?

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Hypo #4

As counsel for a medium-sized local government,you have been asked to draft zoning regulationsdesigned to protect the Citys vast wetland

resources from impacts caused by adjacentdevelopment. The state recently passedcomprehensive wetland regulations. Can yourcommunity adopt wetlands regulations that aremore stringent than the states? What are the rules

regarding local governments adoption ofsupplemental regulations?

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Key Terms

Police power(s)

Conflict/Preemption

Zoning ordinance/bylaw Comprehensive plan

Consistency doctrine

Presumption of validity

Judicial deference

Plan state, non-plan state