Zoning & Planning

Load this one up for your morning drive, or workout: the Federalist Society’s podcast on “Lucas v. South Carolina Coastal Council at 25.” Featuring Professor Eric Claeys, Professor Michael Wolf, and Pacific Legal Foundation’s James Burling. Well worth your time.

Here’s the description:

This spring marks the 25th anniversary of the U.S. Supreme

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 A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here

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Update 7/24/2017: Here is our contribution to the article scene.

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Someone (I think it was Professor Ilya Somin [update: confirmed – he noted it here]) recently noted that if nothing else, the U.S. Supreme Court’s decision in Murr v. Wisconsin will be a boon for law professors looking for something to fill

A very short one from the Connecticut Appellate Court, Santos v. Zoning Board of Appeals, No. AC37281 (July 11, 2017) in a Penn Central-style takings challenge to local land use regulations. We’re going to set out the facts, then let you guess who prevailed.

The plaintiff purchased an unimproved parcel of land in Stratford

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Now that the dust has settled somewhat, for your weekend reading, here are your links to some of the vast amount of commentary which the Murr v. Wisconsin decision has thus far generated:

The Township of Scott, Pennsylvania, apparently has a problem of unregulated cemeteries. Who knew?

So it did what local government do when they think they have a problem, it passed a law. That law, Ordinance 12-12-20-001, required owners of all cemeteries, public or private, to maintain them. The ordinance also contained two troublesome provisions.

Winter storms damaged a seawall which protected a blufftop, oceanfront home. The owners, not surprisingly, wanted to rebuild the wall to protect their home. The Coastal Commission, as is its wont, saw this as an opportunity to extract some goodies from the owners. So it granted a limited-term permit to rebuild the wall, conditioned on