|Volume 26, Number 4, Fall 1994|
Robert H. Freilich, Angela Jones & Barbara Washington, 1993-94 Supreme Court Review: The Court's Focus on Personal Liberties and Property Rights, 26 URBAN LAWYER 623 (1994).
This article reviews developments in the Supreme Court during the 1993-94 Term. It discusses the impact of changes in court personnel and the effect of a new Democratic administration policies on the government's position in many cases to be heard by the Court. The article provides an extensive review of cases decided by the Court during the term.
L. Diane Schenke, Carol L. Dorge, Richard J. Brickwedde, Richard G. Opper, & Jo-Christy Brown, Report of the Committee on the Environment, 26 URBAN LAWYER 713 (1994).
This report reviews the current status of two areas of environmental law that have received increased attention and interest among urban practitioners during the last year. The first is the recent development of solid waste "flow control" law. In addition, transboundary environmental laws affecting the Mexican/U.S. border area have become the focal point of increased legal activity since the North American Free Trade Agreement was passed. The report summarizes the status of these topics and considers several recently decided cases and newly promulgated regulations that have special applicability to state and local governments.
Mary Massaron Ross, Report of the Committee on Government Operations, 26 URBAN LAWYER 723 (1994).
This report discusses the debate over the proper interpretation of the Voting Rights Act. In particular it analyzes Court opinions issued in a Georgia case, Holder v. Hall, and a Florida case, Johnson v. DeGrandy. These decisions continue the Court's recent trend toward cutting back on its most expansive reading of the Voting Rights Act and emphasizing the necessity of workable judicial standards that avoid excessive intrusions of the federal courts into the decision-making sphere of state and local governments.
Report of the Committee on Land Use, Planning and Zoning Law
Bernard V. Keenan, Report of the Subcommittee on Exactions and Impact Fees, 26 URBAN LAWYER 741 (1994).
This report directs attention to the arena of constitutional claims. Rather than offer a survey of relevant case law as decided in numerous jurisdictions, the report primarily focuses upon several significant land-use exaction cases recently decided by the Oregon judiciary. The report adopts this perspective due to the varied analytical paths followed by the Oregon courts. It also considers a California opinion wherein municipal use of innovative impact fees was sustained.
Edward J. Sullivan, Report of the Subcommittee on the Plan as Law, 26 URBAN LAWYER 751 (1994).
This report reviews further refinements in the application of the plan as law during the past year. States continue to develop their approaches to resolving consistency challenges and disputes over plan interpretation. Several states have also been active on the legislative front in adopting growth management schemes which give greater deference to the plan as law. This report will discuss these developments state by state.
Bradford J. White & Lee Keatinge, Report of the Historic Preservation and Architectural Control Subcommittee, 26 URBAN LAWYER 777 (1994).
This report summarizes significant developments in historic preservation and architectural control law during 1993-94. At the state level, the most significant case decided was a decision by the Pennsylvania Supreme Court, pursuant to a rehearing that took place more than two years ago, to completely reverse itself in United Artists Theater Circuit, Inc. v. City of Philadelphia. Other state cases decided over the past year addressed issues related to planning and preservation, state environmental rights acts, and enforcement of preservation ordinances. At the federal level, there has been a great deal of activity on issues arising from historic preservation particularly with regard to section 106 of the National Historic Preservation Act cases.
Richard Roddewig & Glenn C. Sechen, Report of Subcommittee on Land Use and Waste Disposal, 26 URBAN LAWYER 801 (1994).
For the past several years this Committee has examined the issues involving the interstate transportation and disposal of solid waste. Those reports centered on the impact of the "Solid Waste Crisis" on land-use planning. Now, it has become apparent that Commerce Clause litigation may change the very structure of the solid waste industry and perhaps effectively eliminate the ability of local government to plan for their solid waste needs. While the authors are aware of no reported cases on franchising, the report considers several challenges which may soon find their way to the courts.
Mary Massaron Ross & Larry J. Smith, Report of the Subcommittee on Zoning Process, 26 URBAN LAWYER 817 (1994).
This report discusses the trend of involving the public-at-large in the review and permitting of private projects, ex parte contacts with members of the decision-making body in a land use dispute and when such contacts are permissible, the problem of neighborhood opposition to necessary though undesirable uses, and the progress of Houston's zoning ordinance.
Peter A. Buchsbaum & Thomas C. Shearer, Report of the Subcommittee on Federal Regulation of Land Use, 26 URBAN LAWYER 831 (1994).
In its inaugural year this report considers federal wetlands policy and developments under the Endangered Species Act. The wetlands discussion deals with one specific item, the Clinton Administration's Wetlands paper, issued on August 24, 1993. The Endangered Species Act discussion reviews the Act as the focus of a number of significant and controversial land-use decisions on its twentieth anniversary.
Anita P. Miller, Report of the Subcommittee on Public Lands , 26 URBAN LAWYER 845 (1994).
The well-organized effort to oppose increasing environmental preservation of existing federal and state lands and acquisition of additional public lands for preservation purposes, known as the "Wise Use" movement, continues activity to woo supporters on many fronts. As this report will illustrate, a defeat of one facet of the movement's philosophy results in the emergence of another, on another front, replete with underpinning based on new interpretations of the U.S. Constitution which will have to be tested in the courts. Such setbacks have occurred against a backdrop of continued political pressure to throw out increased grazing fees and mining reform, and to amend the Endangered Species Act. This report will review the progress of Wise Use, in the courts and elsewhere, during late 1993 and early 1994.
Patricia E. Salkin, Carl A.S. Coan, Jr.& Raymond K. James, Report of the Subcommittee on Housing, 26 URBAN LAWYER 859 (1994).
With limited dollars to spend as governments strive to accommodate the housing needs of a variety of constituents, the promotion of affordable housing through reforms and intrusions into the local land-use decision-making process remains viable on the legislative agenda. During the last few years, these reforms have included attempts to streamline the land-use decision-making process; enactment of housing policy acts for the purpose of promoting affordable housing; and creation of special appeals procedures in the land-use development process when affordable housing is at issue. This report will focus on two approaches: the Connecticut Affordable Housing Appeals Procedure and proposals in New York to streamline the local land-use regulatory system.
Larry D. Bartlett & Lelia B. Helms, Report of the Committee on Public Education, 26 URBAN LAWYER 877 (1994).
This report summarizes developments in public education law within school districts and in post-secondary education.
Report of the Committee on Public Finance
Comment Letter to the Securities and Exchange Commission, 26 URBAN LAWYER 929 (1994).
This article reproduces the full text of Section's Comment Letter, prepared by the Public Finance Committee, to the Securities & Exchange Commission's Interpretive Release and Proposing Releases which addressed issues of disclosure in primary offerings of state and local government securities as well as continuing disclosure obligations of issuers to the secondary market.
Thomas G. Hilborne, Jr., Rule G-37: The "Pay to Play" Rule and Its Impact on the Municipal Securities Industry, 26 URBAN LAWYER 957 (1994).
This report discusses Rule G-37 of Municipal Securities Rulemaking Board, the Securities and Exchange Commission's approval of the rule, its consideration to stay the rule due to constitutional issues raised by the Rules enactment.
Kurt P. Froehlich, Practical Considerations in Negotiating and Drafting Development and Redevelopment Agreements, 26 URBAN LAWYER 973 (1994).
This report focuses on the negotiating and drafting aspects of the public/private general economic development and redevelopment, urban renewal, blight, conservation, and rehabilitation agreements. The report emphasizes a selection of points of concern from the government lawyer's point of view.