Professor Carlos Ball Land Use Controls Fall, 2009

A. COURSE OUTLINE I. ZONING AND THE RIGHTS OF LANDOWNERS A. Substantive Due ProcessStates Police Power to Regulate Land Use B. Equal Protection ClauseLine Drawing and Class of One Claims C. Takings Clause Nuisance Regulations Ad Hoc Analysis Per Se Takings Exactions Ripeness Doctrine Also: Nonconforming Uses and Vested Rights D. Public Use Clause Federal Constitution State Constitutions E. Religious Land Uses Free Exercise Clause Religious Land Use and Institutionalized Persons Act (RLUIPA) F. Free Speech Sexually-Oriented Businesses Billboards and Signs

II. ZONING CHANGES AND THE RIGHTS OF NEIGHBORS A. Actions by Administrative Bodies 1. Variances 2. Special Exceptions or Special Uses or Conditional Uses

B. Actions by Legislative Bodies 1. Rezoning, Spot Zoning, and Comprehensive Plans 2. Contract Zoning C. Actions by Neighbors

III. WHAT IS IMPERMISSIBLE DISCRIMINATION IN LAND USE REGULATION? A. Unconventional Households B. Racial & Ethnic Minorities C. Individuals with Disabilities D. Sex Offenders E. Poor People

IV. THE REGIONAL OBLIGATIONS OF MUNICIPALITIES

B. ASSIGNMENTS Note #1: The numbered page references below are to Ellickson & Been, Land Use Controls: Cases and Materials (3rd Edition, 2005). The cases referenced by name are available on the courses Blackboard page under Course Documents. Note #2: There will be no class on Thursday, September 3.

Class #1 Pp. 73-98 Class #2 Stoyanoff v. Berkeley; Kuvin v. Gables; pp. 489-494 Class #3 Pp. 125-133; Flying J v. New Haven Class #4 Pp. 134-145; 158-167 Class #5 Pp. 167-185 Class #6 Pp. 185-197 Class #7 Pp. 634-652 2

Class #8 Pp. 663-668; St. Johns River Management District v. Koontz Class #9 Pp. 233-240; Braun v. Ann Arbor Charter Township; Insomnia Inc. v. Memphis Class #10 PA Northwestern Distributors v. Moon; pp. 197-201 (through Note 4); Greater Harrodsburg v. Romero; pp. 201-202 (Notes 6-7). Class #11 H.R.D.E. Inc. v. Romney; Western Land v. Logan; 206-208 (you may stop after Note 4 on p. 208) Class #12 Pp. 819; 823-839 (you may begin with the Government as Land Assembler section on p. 823) Class #13 County of Wayne v. Hathcock; Goldstein v. New York Urban Development Corp. Class #14 209-210; Westchester Day School v. Mamaroneck; Westgate Tabernacle v. Palm Beach Class #15 Lighthouse Institute v. Long Branch; 220-231 Class #16 Pp. 472-482 (you may stop after Note #1 on p. 482); 484-489 Class #17 New Jersey v. DeAngelo; pp. 283-285; pp. 286-290; Driehous v. Walworth County Class #18 Pp. 296-301 (you may stop after Note #3 on p. 301); Fairfax County v. Southland Corp.; Crooked Creek Conservation & Gun Club v. Hamilton County Class #19 Pp. 309-317; Riya Finnegan v. South Brunswick Class #20 Pp. 336-340; 318-319; 322-327 Class #21 Pp. 341-347; 393-400 Class #22 Pp. 691; 710-712; Ames Rental Property Assn v. Ames; pp. 692-702 Class #23 Cine Sk8 v. Henrietta; pp. 716-721 Class #24 Schwarz v. Treasure Island; Iowa v. Willard; Mann v. Georgia Corrections Dept Class #25 Pp. 709-710; 760-783 Class #26 Pp. 731-741; 747-749; 754-757 Class #27 Pp. 788-808 3

C. OFFICE HOURS Beginning on the week of September 14, my office hours will be on Wednesdays between 10:00 and 11:30 a.m. (If you would like to meet with me before September 14, let me know and we can set up an appointment.) My office is located in Room 491. You are also welcome to e-mail me questions. (My e-mail address is cball@kinoy.rutgers.edu.) I will do my best to answer your email questions within 48 hours of receiving them. If you want to reach me by phone, my office telephone number is 973-353-3008.

D. CLASS ATTENDANCE AND PARTICIPATION Class attendance is mandatory and class participation is greatly encouraged (and appreciated!). I reserve the right to consider class attendance and participation in assigning final grades. Although I almost never penalize students for poor class participation, I usually do give additional points to those students whom I believe contribute the most to the quality of class discussion during the semester.

E. THE EXAM The exam will be a closed book exam. It will consist of two essay questions. I will have more to say about the exam later in the term.