Constitutional basis for zoning : the Texas supreme court /

Walter J McCoy, Marguerite Butler

Research output: Book/ReportBook

Abstract

The authors attacks the subject of zoning by first discussing zoning itself and the varied aspects of what comprise the land use control. The book so introduced looks at the historical foundation in Texas and how after the supreme court ruling in Ambler v. Euclid fully opened the door to zoning establishment in Texas. Court cases in Dallas tested the legitimacy of the Euclid decision and early zoning ordinances were upheld based on due process and the right of a city to plan demonstrated by the case Lombardo v. City of Dallas. The author continues in the introduction by providing substantive clarity f the tools of zoning by describing variances and exceptions, spot zoning and the handling of nonconforming pre-existing uses. The conclusion of the discussion surrounds the notion that one must first have some type of comprehensive plan before enacting zoning ordinances. To exemplify the latter point McCoy provides a discussion on the foundational case for zoning and comprehensive planning Euclid v. Ambler. The discussion shows in retrospect the results were such that zoning as developed over the previous century would not exist as it does. The text goes on to show how Texas cases establish the legal framework and historical standing of zoning throughout the state. (annotation by A.Rodriguez 2012)

Original languageAmerican English
StatePublished - 1988

Keywords

  • law
  • zoning

Disciplines

  • Land Use Law

Cite this