Reversing the Presumption of Constitutionality in Land Use Litigation: Is Legislative Action Necessary?

Abstract

This Article argues against adoption of the "vital and pressing" standard. It reviews cases in which courts have reversed the presumption and concludes the courts are capable of reversing the preemption when presumption reversal is necessary. The principal case in which they have not reversed the presumption is the case in which a developer challenges a land use regulation as a taking of property. Reversal of the presumption is not necessary in this case.

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Daniel R. Mandelker (Washington University School of Law)

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