Standards of Judicial Review in Supreme Court Land Use Opinions: A Taxonomy, an Analytical Framework, and a Synthesis

Abstract

To address the confused picture that has emerged in land use litigation, this Article offers (1) a taxonomy, i.e. a classification system; (2) an analytical framework; and (3) a synthesis of the standards of judicial review utilized in Supreme Court land use cases since Mugler v. Kansas was decided in 1887. Unlike some previous efforts, it focuses on a dimension-standards of judicial review- that has not previously received detailed and systematic attention.

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Land use, Judicial review

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Robert J. Hopperton (University of Toledo College of Law)

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