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Published byAbigayle Claire Johnston Modified over 9 years ago
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FINAL ASSIGNMENTS (NOTE THE CHANGES) MONDAY THE 23rd: VINEYARD (HANDOUT) 648 SOUTHWESTERN KELO (HANDOUT) WEDNESDAY THE 25 TH : 717-20 (UP TO B); 722 (STARTING WITH TEACHERS) TO 740
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SUMMARY HOUSING AND LAND USE: MOUNT LAUREL CONSTRUCTION OF THE HOLDING THE “REGIONAL WELFARE” THE PRESUMPTION AND SHIFT IN BURDEN THE REMEDY THE AFTERMATH
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SUMMARY (CONT.) CITY OF OCEANSIDE THE INCONSISTENCY WITH THE PLAN THE VIOLATION OF THE STATUTES CAN A MEASURE “VIOLATE” THE POLICY? CITY OF SACRAMENTO: USING THE EXACTION POWER TO REMEDY IMPACTS FROM COMMERCIAL BUILDING WHAT’S THE LIMIT?
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EQUAL PROTECTION 1. CLEBURNE LEVEL OF SCRUTINY APPLYING THE RATIONAL BASIS TEST 2. OLECH THE “33 FOOT EASEMENT” HOLDING BREYER CONCURRENCE: ACCURATE?
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VILLAGE OF BELLE TERRE THE LIMITATIONS IN THE LAND USE SYSTEM: 1. ONE-FAMILY DWELLINGS 2. LIMITS ON “FAMILY”—ONLY TWO UNRELATED BY BLOOD HOLDING: UPHELD DISSENT: DISCRIMINATION BY LIFESTYLE
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BELLE TERRE COMPARE BELLE TERRE AND CLEBURNE LEVEL OF SCRUTINY POSSIBLE ATTACKS: 1. EUCLID-NECTOW ARBITRARINESS 2. SUBSTANTIVE DUE PROCESS 3. EQUAL PROTECTION 4. STATE LAW REMEDIES
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THE ENVIRONMENTAL IMPACT REPORT (EIR) PROCESS CEQA (AND NEPA): THE THEORY EIR ON “PROJECT” WHICH “MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT” CONTENTS OF EIR APPROVAL OF PROJECT AFTER EIR IS PREPARED
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THE EIR PROCESS (CONT.) HOW CEQA AFFECTS THE LAND USE PROCESS 1. CEQA AND PLANNING: MISMATCH 2. EFFECT OF PUBLIC PARTICIPATION 3. THE IRRELEVANCY OF ALTERNATIVES 4. USE OF THE MITIGATION POWER: CONDITIONS AND BARGAINING
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