The Problem of Relief in Developer-Initiated Exclusionary Zoning Litigation

Abstract

The courts have neither confronted nor always recognized the difficult conceptual and practical problems which hinder a court's ability to grant appropriate relief in a developer-initiated case. Any judicial attempt to formulate site-specific relief must first confront the question whether the courts have the power to grant such relief. If it is determined that the courts do have such power, it is still necessary for the courts to recognize that, in formulating site-specific relief, they must balance two competing social interests: the economic interests of the developer, who often is the only one who can effectively attack exclusionary zoning in a municipality, and the interests of the municipality in rational and planned community growth. The problem of relief in nonresident litigation will be examined briefly in order to provide a background for the discussion of the problem of relief in developerinitiated cases.

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Remedies, Zoning

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Authors

John M. Hyson (Villanova University School of Law)

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