|The Urban Lawyer,|
Vol. 31, No. 3, Summer 1999
Publication Date: October 6, 1999
Symposium: City of Monterey v. Del Monte Dunes, Ltd.
Michael M. Berger, Municipal Myopia Run Rampant: City of Monterey v. Del Monte Dunes , 31 Urb. Law. 363 (Summer 1999).
"We all seem to have survived Del Monte Dunes. The landowner's compensatory judgment was affirmed. A horrendous factual situation was righted. To the extent that Dolan created confusion, it has been clarified. And courts and juries are free to examine the constitutionality of municipal land-use regulation. That last point is the key, and it is one that the planning community should not fear."
Robert H. Freilich & Jason M. Divelbiss, The Public Interest Is Vindicated: City of Monterey v. Del Monte Dunes , 31 Urb. Law. 371 (Summer 1999).
"The unanimity achieved by the Court on this portion of the decision represented the first time in years that the Supreme Court was unified on a critical takings issue. In so finding, the Court
achieved a significant victory for public regulatory agencies."
Symposium on Reconsidering Monell's Limitation upon
Municipal Liability for Civil Rights Violations
M. David Gelfand, Guest Editor's Introduction to the "Symposium on Reconsidering Monell's Limitation Upon Municipal Liability for Civil Rights Violations," 31 Urb. Law. 395 (Summer 1999).
This symposium issue of The Urban Lawyer builds upon the Association of American Law Schools Civil Rights Section's program at its New Orleans Annual Meeting on January 8, 1999. The resulting symposium on municipal civil rights liability contains six articles, grouped into three pairs, each approaching the topic from a different perspective.
Robert Kaczorowski, Reflections on Monell's Analysis of the Legislative History of § 1983 , 31 Urb. Law. 407 (Summer 1999).
This article closely analyzes the legislative history of the Civil Rights Act of 1871 and questions several of Monell's conclusions about that history.
Barbara Kritchevsky, Reexamining Monell : Basing § 1983 Municipal Liability Doctrine on the Statutory Language, 31 Urb. Law. 437 (Summer 1999).
This article focuses upon the statutory language and questions the reasoning of Brown and other Monell progeny in light of the fairly clear statutory language and legislative purposes of § 1983.
Robert E. Manley, Effective But Messy, Monell Should Endure, 31 Urb. Law. 481 (Summer 1999).
The author, an attorney who now sees the "policy" requirement as essential to his defense of municipalities in § 1983 cases, finds that it is probably the better way to have an effective deterrence of civil rights violations by public officials.
Oscar G. Chase & Arlo Monell Chase, Monell: The Story Behind the Landmark, 31 Urb. Law. 491 (Summer 1999).
Although it grew out of the social conflict of its time and was thought by its participants to be important from the beginning, no one involved in the case would have guessed that its resolution would reshape the contours of federal jurisdiction. The lead counsel for plaintiffs in the Monell case, which spawned the now-criticized "policy" requirement for municipal liability, provides a practical perspective.
Ronald Turner, Employer Liability for Supervisory Hostile Environment Sexual Harassment: Comparing Title VII's and § 1983's Regulatory Regimes, 31 Urb. Law. 503 (Summer 1999).
This article discusses employer liability for supervisory hostile environment sexual harassment in the workplace under § 1983 and Title VII.
Laura Oren, If Monell Were Reconsidered: Sexual Abuse and The Scope-of-Employment Doctrine in the Common Law, 31 Urb. Law. 527 (Summer 1999).
This article focuses on the municipal liability component of the civil rights statute: when may a local government be held liable for the constitutional wrongs of its officials?
Planning and Zoning Symposium, Part II
Kenneth C. Baldwin, The Telecommunications Act of 1996: Developing Caselaw of Towering Propositions, 31 Urb. Law. 555 (Summer 1999).
Since the effective date of the Telecommunications Act of 1996, federal and state courts across the country have decided numerous cases on tower and facility siting matters. The vast majority of these decisions analyze the role of state and local land-use decision-makers in the wireless facility siting process and the application of section 704 of the Act. This article focuses on litigation arising under three major themes of section 704: discrimination, prohibition, and substantial evidence.
William S. Dahlstrom, Land-Use Regulations in the Eminent Domain Process, 31 Urb. Law. 569 (Summer 1999).
The purpose of this article is to identify the general land-use regulations that should be considered in an eminent domain action and the effect that process has on entitlements. The article is not intended to be exhaustive. Each tract of land and each development project invariably involves issues uniquely attributable to that tract or project. There are, though, common land-use regulations that must be considered.
Lauren S. Rikleen, Managing Complex Environmental Disputes: From Superfund to Brownfields-A Model Still Evolving, 31 Urb. Law. 591 (Summer 1999).
Governmental institutions play a key role in the management of complex environmental disputes. This article discusses the actions (and inactions) of government-whether at the local, state, or federal level-that can determine whether a successful outcome can be achieved. The successful management of a complex environmental matter depends on how the government interprets its own role, and whether that role is defined by statute, regulation, or even simply the perceptions of the public.
Patricia E. Salkin, Smart Growth at Century's End: The State of the States, 31 Urb. Law. 601 (Summer 1999).
The 1990s have held out lessons of individualism in state and local approaches to growth management, smart growth, and modernization of state land-use statutes. The only discernable thread that weaves through the fabric of land-use control in the last decade of this century is that for the first time in eighty years, state and local governments are noticeably moving away from the constraints of traditional Euclidean zoning, opting for more innovative land-use planning and control techniques. The shift is gradual and is tailored to meet the needs of diverse jurisdictions.
The political strategies for accomplishing this reform, along with highlights of recent and ongoing modernization efforts across the United States are discussed in Part I. Part II offers an analysis of the political strategies for modernizing state land-use statutes based on personal interviews, visits, and critiques of programs in eight states.
Edwin M. Snyder, A Condemnation Case from the Condemnor's Perspective, 31 Urb. Law. 649 (Summer 1999).
This article addresses the various stages of the straight or statutory condemnation process, as it exists in Texas, from the condemnor's perspective. Not every detail in the statutory process is identical in every state. However, the basic process is the same. It is a procedure designed to allow the condemnor to obtain real property for public purposes in an expeditious manner, while providing the property owner with just compensation. Mastering the condemnation process certainly does not assure success by the condemnor. The statutory process and constitutional protections are designed to assure that the property owner is treated fairly. If the condemnor continually keeps that in mind, the chances of obtaining a fair result are substantially increased.
With Cases, Statutes, and Recent Developments on
Cedar Rapids Community School District v. Garret F. , 119 S. Ct. 992 (1999), 679.
Hendler v. United States , No. 97-5143, 1999 WL 294710 (Fed. Cir. May 11, 1999), 680.
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