Land Use Committee

 Before I catch everyone up on what the Land Use Committee has been doing, I want to take a moment to remember our good friend Dan Curtin. The State and Local Government Law Section, and, indeed, the entire land use bar, lost a good friend and great man when Dan passed away. Many others have spoken eloquently of Dan—of his influence on land use law, his leadership, his personal warmth, and his friendship. Dan was a true giant of the bar. Among his many achievements, Dan was responsible for making our Committee the success it is today. I got to know Dan through my involvement with the Section and the Land Use Committee. Both before and during my tenure as Land Use Committee chair, Dan was a wise advisor and enthusiastic supporter of our work. He was always available for advice and counsel and always presented some of the most informative and interesting Hot Topics reports every year. But perhaps what was most impressive about Dan was how much he gave of himself. He was a great mentor—at every meeting it seems he brought along another young land use attorney and helped him or her get involved in the committee and the land use bar. He will be sorely missed.

The Section’s Fall Meeting in Madison, Wisconsin, was a great success. The Committee sponsored a two-part program on “Land Use Law: Wisconsin Innovations.” Part one was a classroom presentation and part two was a bus tour of downtown Madison and the University of Wisconsin campus. Our thanks to Richard Lehmann, of counsel with Boardman, Suhr, Curry & Field in Madison, for this great program.

Our Spring Meeting is fast approaching! Set for May 17–20, 2007 in San Juan, the Spring Meeting will boast two terrific programs from the Land Use Committee. The first, of course, will be the Committee’s annual Hot Topics brown bag luncheon. Once again, we will hear reports from our many subcommittees on the latest developments in land use. Topics include comprehensive plans, exactions, civil rights, ethics, and telecommunications. Bryan Wenter and Paul Wilson, vice-chairs for reports and the organizing force behind the luncheon, promise another great round of reports. In fact, Paul insists, as always, that the title to his report will top the list as the worst pun. You’re on, Paul!

Our other program promises to be special. The Religious Land Use and Institutionalized Persons Act, or “RLUIPA,” signed into law in 2000, is having an impact in communities around the country. So we think it’s a good time to present a panel entitled “Church, State and Dirt—RLUIPA and Land Use in 2007.” We have an exciting panel: Professor Marci Hamilton of the Cardozo Law School in New York, Kevin J. Hasson of the Becket Fund, and our own Dan Dalton, of Tomkiw Dalton in Royal Oak, Michigan. Marci and Kevin will discuss the current state of RLUIPA jurisprudence and present their different views on the law. Dan will give us the practical view of a lawyer who is actually taking a RLUIPA case to trial. I’m very excited to be moderating this panel and look forward to a lively and informative discussion.

It’s not too early to be thinking about the Annual Meeting in San Francisco! Once again, the Committee will co-sponsor a program with our sister committee in the Real Property, Probate and Trust Section. This year, we will present a panel entitled “America’s Ongoing Property Rights Debate Reinvigorated: Legislative and Judicial Reactions to Kelo,” to be hosted by our very own Dwight Merriam. I hope to see you there.

It’s a great pleasure to be able to serve you as Land Use Committee chair, especially with the help of our great vice-chairs: Andy Gowder and Lora Lucero for programs, Bryan Wenter and Paul Wilson for reports, and Mitch Carrell for membership outreach. Thank you, Andy, Lora, Bryan, Paul, and Mitch, for your great work! We hope that all of you get involved in the Committee. It’s not hard—in fact, it’s as easy as volunteering to do a Hot Topics report! The meetings have fascinating programs, and fun evenings. See you there.

—Robert (Bob) Foster, Chair
Rackemann, Sawyer & Brewster, P.C.
Boston , Massachusett s