Discussions on the State and Local Level

Substantive Due Process Protection at the Outer Margins of Municipal Behavior

Author: Brian W. Blaesser (Robinson & Cole LLP)

  • Substantive Due Process Protection at the Outer Margins of Municipal Behavior

    Discussions on the State and Local Level

    Substantive Due Process Protection at the Outer Margins of Municipal Behavior

    Author:

Abstract

Realistically, the landowner and developer know that the review of a development project in light of today’s more complex land use, growth, and environmental considerations requires in many cases the ingredient of human judgment in order to provide pragmatic resolution of these issues. There is always a tension between landowners’ and developers’ preferences for certainty on the one hand and on the other hand their need for pragmatic solutions that only the exercise of judgment can provide.

Keywords: Due process of law, Land use, Zoning law

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Published on
01 Jan 2000