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Land Use Law Reform: A Judicial and Practical Imperative

New York State Bar Journal, Vol. 65, p. 18, December 1993

5 Pages Posted: 13 Nov 2009  

John R. Nolon

Pace University School of Law

Date Written: December 1, 1993

Abstract

The practical lesson learned from a review of New York case law on land use planning is straightforward. Judges will seldom overturn land use regulations when it is obvious, in the structure of the regulatory program, that considerable and comprehensive planning is involved. When judges sustain land use regulations, they routinely find in the regulatory scheme a valid local planning objective that saves the regulation from falling under a property owner's attack. The bases for this judicial reasoning lie the statutory requirement that zoning provisions must be adopted "in accordance with a "comprehensive plan" and the constitutional requirement that land use regulations substantially advance a legitimate public purpose.

Keywords: new york, land use

Suggested Citation

Nolon, John R., Land Use Law Reform: A Judicial and Practical Imperative (December 1, 1993). New York State Bar Journal, Vol. 65, p. 18, December 1993. Available at SSRN: https://ssrn.com/abstract=1504939

John R. Nolon (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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