Urban Lawyer

Reviews and Reflections on Planned Communities

by Ronald S. Cope, Kimberly Freimuth and Stephen R. Miller

Ronald S. Cope, Partner, Nixon Peabody.
Kimberly Freimuth, Partner, Fox Rothschild.
Stephen R. Miller, Associate Professor of Law, University of Idaho College of Law.

THIS ARTICLE IS SUBMITTED BY THE LAND USE COMMITTEE’S SUBCOMMITTEE ON PLANNED COMMUNITIES.1 It contains contributions by subcommittee members that review a planned community in Ohio, recent cases on the review of planned communities, and a review of a report on planned communities by the Urban Land Institute.

I. The Art of the Planned Unit Development2

Claude Monet, Don Constable, J.M.W. Turner, and Georgia O’Keefe were great artists who painted beautiful and memorable landscapes. We admire their genius. They were able to make a scene come to life and invoke profound thoughts and emotions. It is a remarkable achievement to blend colors on a canvas or board in such an inspired manner that generations of art lovers can admire these great works as they hang in museums.

A Planned Unit Development (PUD) can also be a great work of art. Instead of being painted on a canvas it comes to life on twenty-five or more acres of vacant land using a wide array of materials in combinations and designs calculated by planners, architects, engineers, and contractors.

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