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18444392004
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note
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Village of Belle Terre v. Boraas, 416 U.S. 1, 9 (1974), one of the series of major Supreme Court cases upholding the constitutionality of exclusionary zoning. The Court affirmed the village's enforcement of a zoning ordinance (limiting occupancy of its homes to traditional nuclear families) against a homeowner who leased his house to a group of six unrelated college students. The Court (1) found no fundamental right to be at stake and (2) found permissible the use of zoning regulation to create the sort of environment described in the quoted passage.
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2
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18444417344
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note
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Regarding the constitutionality of zoning reform through voter initiatives, see City of Eastlake v. Forest City Enterprises, 426 U.S. 668 (1976) (upholding city charter provision providing that any changes in land use agreed to by city council must be approved by a 55% referendum vote, and finding that referendum cannot be characterized as a delegation of power that must be accompanied by discernable standards, but is rather an exercise of power by the people reserved to themselves); and Arnel Dev. Co. v. City of Costa Mesa, 28 Cal. 3d 511 (1980) (finding that zoning ordinance is a legislative act that may be enacted by initiative, even when it affects only a limited acreage or number of owners).
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3
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18444400458
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note
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See Nollan v. California Coastal Comm'n, 483 U.S. 825, 837 (1987) (upholding the imposition of exaction-like conditions on development permits, but only when a rational nexus exists between the telos of the exaction and a problem the development itself would create. "[U]nless the permit condition serves the same governmental purpose as the development ban, the building restriction is not a valid regulation of land use but 'an out-and-out plan of extortion.' "). Dolan v. City of Tigard, 512 U.S. 374 (1994) (requiring not only a rational nexus, but also a "rough proportionality" between the extent of the development's impact and the amount of remediation exacted). An excellent argument can be advanced that a "retention fund" as such meets both of these standards. The renewal of gentrifying locations tends to inflate property values to the point of displacing the pre-existing residents and thus uprooting settled cultural ecology - in many ways the very point of gentrification. The retention fund does not eliminate, but certainly mitigates, these disruptive effects. From a class integrationist's perspective, moreover, this policy would be necessary to strike the desirable balance between the two unhealthy extremes of either (1) no renewal or (2) unregulated market forces merely recreating exclusionary suburbia within the city interior.
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4
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18444370477
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Public space and the classical vernacular
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Roger Scruton, Public Space and the Classical Vernacular, THE PUBLIC FACE OF ARCHITECTURE 13-15 (1987).
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(1987)
The Public Face of Architecture
, pp. 13-15
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Scruton, R.1
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5
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0014413249
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The tragedy of the commons
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See Garrett Hardin, The Tragedy of the Commons, 162 SCIENCE 1243.
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Science
, vol.162
, pp. 1243
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Hardin, G.1
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