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Transit-Oriented and Joint Development: Case Studies and Legal Issues (2011) / Chapter Skim
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Pages 17-22

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From page 17...
... A fundamental issue in any land-use regulatory matter is whether the government is acting within the scope of its police power authority. That authority is restricted by constitutional principles of substantive due process, which require regulatory actions to have some logical connection to community health, safety, morals, or general welfare.189 When the regulation emanates from a local government, an allied issue is whether the local government is acting within the scope of authority delegated to it by the state legislature.
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From page 18...
... 192 See JUERGENSMEYER & ROBERTS, supra note 190, § 3.6.
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From page 19...
... C Consistency Consistency usually refers to some level of consonance between a local government's zoning ordinance and its general or comprehensive plan.208 Washington's Growth Management Act (GMA)
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From page 20...
... Looking again at the GMA, the Washington Court of Appeals in City of Des Moines v. Puget Sound Regional Council211 reviewed an alleged conflict between the Council's regional transportation plan, which included an additional runway for the Seattle–Tacoma International Airport, and the comprehensive plans of local governments adjacent to the airport.
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From page 21...
... 223 E.g., Bartholomew, supra note 222, at 201 (2009) (quoting Vermont Yankee, 435 U.S.
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From page 22...
... The estimated $4 billion project, situated on top of the Metropolitan Transportation Authority's (MTA) Vanderbilt Rail Yards, is one of the largest transit-oriented joint development projects ever proposed.
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Key Terms

  • regional council
  • supra note
  • tod planning
  • atlanta regional
  • metropolitan transportation

  • local government
  • smart growth
  • growth management
  • state legislature
  • development land

  • transportation agencies
  • nario planning
  • oriented development
  • transportation plan
  • zoning policies


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