Sprawl and the Coercive Force of Zoning Law: Fear & Loathing
نویسنده
چکیده
Although local zoning laws are written to protect the health, safety, and general welfare of community residents, these laws—and the state enabling legislation supporting them—have, in practice, severely limited public participation. Due in part to a general lack of public participation, many local ordinances place homeowners at a distinct disadvantage. For this reason, most citizen groups that have gone through the legal process in “sprawl battles” will describe their relationship to the law as one of “fear and loathing.” Local community groups fighting sprawling development at the grassroots level find themselves on an uneven playing field. Citizens seeking to exercise their constitutional right to petition the government quickly discover that the legal system is tilted in favor of developers in three primary ways: (1) the cost of litigation is used as a weapon to intimidate public officials; (2) the resource inequalities between citizens and developers discourage citizens from appealing unfavorable decisions; and (3) the legal standing prerequisites unduly restrict plaintiff appeals.
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