Application of Municipal Ordinances to Special Purpose Districts and Regulated Industries: A Home Rule Approach

Abstract

This Article will examine the effect of municipal home rule on the doctrines that have developed to resolve one particular type of intergovernmental conflict-the attempt of a municipality to enforce its land use and construction standards and restrictions on facilities within its boundaries operated or regulated by other governmental units. First, we shall present models of the types of conflicts that have reached the courts. Second, we shall review existing case law to show that most courts have been guided in their decisions by a conceptualization of municipal governments as protectors of private, parochial interests-a conceptualization that is markedly at odds with modern home rule policies. Finally, we shall argue that home rule municipalities are in a unique position to resolve the competing public interests at stake in these conflicts and that their efforts to do so should be recognized and encouraged by the courts.

Keywords

Government immunity and liability, Municipal corporations, Zoning

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Authors

Julian H. Levi (University of Chicago)
Durward J. Gehring (University of Chicago)
Reed Groethe (University of Chicago)

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