SUMMARY STATE AND FEDERAL PREEMPTION STATE LAWS: SPECIFIC FEDERAL LAW: RARE TELECOMMUNICATIONS ACT: PROHIBITIONS: NO UNREASONABLE DISCRIMINATION; CAN’T.

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Presentation transcript:

SUMMARY STATE AND FEDERAL PREEMPTION STATE LAWS: SPECIFIC FEDERAL LAW: RARE TELECOMMUNICATIONS ACT: PROHIBITIONS: NO UNREASONABLE DISCRIMINATION; CAN’T PROHIBIT; NO DECISION ON ENV. EFFECTS PREFERRED SITES: JUDICIAL REVIEW

SUMMARY (CONT.) INTRO TO ALTERNATIVE METHODS: IDEA OF “MODELS” OF DISPUTE RESOLUTION INITIATIVES AND REFERENDA EASTLAKE: WHAT DOES IT REALLY HOLD? CRITICISMS OF DIRECT DEMOCRACY AND LAND USE PRIVATE LAW COVENANTS: MYSTIC ISLES

COVENANTS IN ACTION TURUDIC ACTIONS OF THE HOMEOWNERS ACTIONS OF THE ASSOCIATION ISSUES: 1. “RESIDENTIAL USE” 2. LAWFULNESS OF COUGAR PEN CAN ASSOCIATION DO ANYTHING?

THE LAST OF COVENANTS THE EFFECTS OF “GATED COMMUNITIES” ON: (1) PUBLIC RESOURCES (2) PUBLIC DISCOURSE (3) CIVILITY (4) RIGHT OF ASSOCIATION (5) EFFICIENCY OF SERVICE PROVISION (6) CIVIC RESPONSIBILITY (7) PERSONAL SECURITY NELSON: CAN PRIVATE DEVELOPMENTS REPLACE “LOST COMMUNITY”?

BARGAINING: DEVELOPMENT AGREEMENTS QUESTIONSPOWER/DYNAMICSPROCESS FINDING THE “PUBLIC INTEREST” STATUTORY AUTHORIZATION ISSUES 1. LENGTH OF AGREMEENT 2. ABILITY TO CHANGE IN FUTURE

DEVELOPMENT AGREEMENTS (CONT.) 3. CONTENT OF THE AGREEMENT 4. CONSEQUENCES OF A BREACH SPRENGER, GRUBB v. CITY OF HAILEY THE ALLEGED VIOLATION HOW DETERMINE WHETHER THE REZONING WAS A VIOLATION? COULD CITY AMEND PLAN TO SAY NO COMMERCIAL OUTSIDE CORE? “BARGAINING AWAY” POLICE POWER

DEVELOPMENT AGREEMENTS (END) DEVELOPMENT AGREEMENTS AND EXACTIONS --THE EFFECT OF NOLLAN/DOLAN RIGHTS OF THEIR PARTIES

MEDIATION AND ARBITRATION DIFFERENCE BETWEEN THE TWO WHICH IS MORE USEFUL IN LAND USE? WOULD YOU ADVISE CLIENT TO ENTER MEDIATION? FLORIDA STATUTE (465) ISSUES RAISED ADVANTAGES AND DISADVANTAGES ROLE OF PUBLIC IN MEDIATION

DEREGULATION THE HOUSTON EXEMPLAR: IS IT ACCURATE? HOW DESIGN A DEREGULATED SYSTEM?