Volume 26, Number 4, Fall 1994
Robert H. Freilich, Angela Jones & Barbara Washington,
1993-94 Supreme Court Review: The Court's Focus on Personal Liberties
and Property Rights, 26 URBAN LAWYER 623 (1994).
This article reviews developments in the Supreme Court during
the 1993-94 Term. It discusses the impact of changes in court
personnel and the effect of a new Democratic administration policies
on the government's position in many cases to be heard by the
Court. The article provides an extensive review of cases decided
by the Court during the term.
L. Diane Schenke, Carol L. Dorge, Richard J. Brickwedde, Richard
G. Opper, & Jo-Christy Brown, Report of the Committee on
the Environment, 26 URBAN LAWYER 713 (1994).
This report reviews the current status of two areas of environmental
law that have received increased attention and interest among
urban practitioners during the last year. The first is the recent
development of solid waste "flow control" law. In addition,
transboundary environmental laws affecting the Mexican/U.S. border
area have become the focal point of increased legal activity since
the North American Free Trade Agreement was passed. The report
summarizes the status of these topics and considers several recently
decided cases and newly promulgated regulations that have special
applicability to state and local governments.
Mary Massaron Ross, Report of the Committee on Government
Operations, 26 URBAN LAWYER 723 (1994).
This report discusses the debate over the proper interpretation
of the Voting Rights Act. In particular it analyzes Court opinions
issued in a Georgia case, Holder v. Hall, and a Florida
case, Johnson v. DeGrandy. These decisions continue the
Court's recent trend toward cutting back on its most expansive
reading of the Voting Rights Act and emphasizing the necessity
of workable judicial standards that avoid excessive intrusions
of the federal courts into the decision-making sphere of state
and local governments.
Report of the Committee on Land Use, Planning and Zoning Law
Bernard V. Keenan, Report of the Subcommittee on Exactions
and Impact Fees, 26 URBAN LAWYER 741 (1994).
This report directs attention to the arena of constitutional claims.
Rather than offer a survey of relevant case law as decided in
numerous jurisdictions, the report primarily focuses upon several
significant land-use exaction cases recently decided by the Oregon
judiciary. The report adopts this perspective due to the varied
analytical paths followed by the Oregon courts. It also considers
a California opinion wherein municipal use of innovative impact
fees was sustained.
Edward J. Sullivan, Report of the Subcommittee on the Plan
as Law, 26 URBAN LAWYER 751 (1994).
This report reviews further refinements in the application of
the plan as law during the past year. States continue to develop
their approaches to resolving consistency challenges and disputes
over plan interpretation. Several states have also been active
on the legislative front in adopting growth management schemes
which give greater deference to the plan as law. This report will
discuss these developments state by state.
Bradford J. White & Lee Keatinge, Report of the Historic
Preservation and Architectural Control Subcommittee, 26 URBAN
LAWYER 777 (1994).
This report summarizes significant developments in historic preservation
and architectural control law during 1993-94. At the state level,
the most significant case decided was a decision by the Pennsylvania
Supreme Court, pursuant to a rehearing that took place more than
two years ago, to completely reverse itself in United Artists
Theater Circuit, Inc. v. City of Philadelphia. Other state
cases decided over the past year addressed issues related to planning
and preservation, state environmental rights acts, and enforcement
of preservation ordinances. At the federal level, there has been
a great deal of activity on issues arising from historic preservation
particularly with regard to section 106 of the National Historic
Preservation Act cases.
Richard Roddewig & Glenn C. Sechen, Report of Subcommittee
on Land Use and Waste Disposal, 26 URBAN LAWYER 801 (1994).
For the past several years this Committee has examined the issues
involving the interstate transportation and disposal of solid
waste. Those reports centered on the impact of the "Solid
Waste Crisis" on land-use planning. Now, it has become apparent
that Commerce Clause litigation may change the very structure
of the solid waste industry and perhaps effectively eliminate
the ability of local government to plan for their solid waste
needs. While the authors are aware of no reported cases on franchising,
the report considers several challenges which may soon find their
way to the courts.
Mary Massaron Ross & Larry J. Smith, Report of the
Subcommittee on Zoning Process, 26 URBAN LAWYER 817 (1994).
This report discusses the trend of involving the public-at-large
in the review and permitting of private projects, ex parte contacts
with members of the decision-making body in a land use dispute
and when such contacts are permissible, the problem of neighborhood
opposition to necessary though undesirable uses, and the progress
of Houston's zoning ordinance.
Peter A. Buchsbaum & Thomas C. Shearer, Report of the
Subcommittee on Federal Regulation of Land Use, 26 URBAN LAWYER
831 (1994).
In its inaugural year this report considers federal wetlands policy
and developments under the Endangered Species Act. The wetlands
discussion deals with one specific item, the Clinton Administration's
Wetlands paper, issued on August 24, 1993. The Endangered Species
Act discussion reviews the Act as the focus of a number of significant
and controversial land-use decisions on its twentieth anniversary.
Anita P. Miller, Report of the Subcommittee on Public Lands
, 26 URBAN LAWYER 845 (1994).
The well-organized effort to oppose increasing environmental preservation
of existing federal and state lands and acquisition of additional
public lands for preservation purposes, known as the "Wise
Use" movement, continues activity to woo supporters on many
fronts. As this report will illustrate, a defeat of one facet
of the movement's philosophy results in the emergence of another,
on another front, replete with underpinning based on new interpretations
of the U.S. Constitution which will have to be tested in the courts.
Such setbacks have occurred against a backdrop of continued political
pressure to throw out increased grazing fees and mining reform,
and to amend the Endangered Species Act. This report will review
the progress of Wise Use, in the courts and elsewhere, during
late 1993 and early 1994.
Patricia E. Salkin, Carl A.S. Coan, Jr.& Raymond K. James,
Report of the Subcommittee on Housing, 26 URBAN LAWYER
859 (1994).
With limited dollars to spend as governments strive to accommodate
the housing needs of a variety of constituents, the promotion
of affordable housing through reforms and intrusions into the
local land-use decision-making process remains viable on the legislative
agenda. During the last few years, these reforms have included
attempts to streamline the land-use decision-making process; enactment
of housing policy acts for the purpose of promoting affordable
housing; and creation of special appeals procedures in the land-use
development process when affordable housing is at issue. This
report will focus on two approaches: the Connecticut Affordable
Housing Appeals Procedure and proposals in New York to streamline
the local land-use regulatory system.
Larry D. Bartlett & Lelia B. Helms, Report of the Committee
on Public Education, 26 URBAN LAWYER 877 (1994).
This report summarizes developments in public education law within
school districts and in post-secondary education.
Report of the Committee on Public Finance
Comment Letter to the Securities and Exchange Commission,
26 URBAN LAWYER 929 (1994).
This article reproduces the full text of Section's Comment Letter,
prepared by the Public Finance Committee, to the Securities &
Exchange Commission's Interpretive Release and Proposing Releases
which addressed issues of disclosure in primary offerings of state
and local government securities as well as continuing disclosure
obligations of issuers to the secondary market.
Thomas G. Hilborne, Jr., Rule G-37: The "Pay to Play"
Rule and Its Impact on the Municipal Securities Industry, 26 URBAN
LAWYER 957 (1994).
This report discusses Rule G-37 of Municipal Securities Rulemaking
Board, the Securities and Exchange Commission's approval of the
rule, its consideration to stay the rule due to constitutional
issues raised by the Rules enactment.
Kurt P. Froehlich, Practical Considerations in Negotiating
and Drafting Development and Redevelopment Agreements, 26 URBAN
LAWYER 973 (1994).
This report focuses on the negotiating and drafting aspects of
the public/private general economic development and redevelopment,
urban renewal, blight, conservation, and rehabilitation agreements.
The report emphasizes a selection of points of concern from the
government lawyer's point of view.
Volume 26 Index, 26 URBAN LAWYER 987 (1994).
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