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This course is being given for four (4) credit hours this Semester, meeting on a Mon-Wed. 10:00-11:50 AM schedule. It has a twin focus. One is on the substantive law of land use controls. Its initial emphasis is on the zoning forms of action (variances, special exceptions, and rezonings), then on substantive topics (aesthetic zoning, etc.) and then on the Takings Clause, to which the Supreme Court has devotedly much attention recently. Particular emphasis is given to these recent Supreme Court cases and this course is in many respects an extension of first-year constitutional law. This substantive law portion of the course has been taught by Barlow Burke. The second focus is on a specialized type of "trial practice" for the presentation of three land use cases. These presentations will be made in three simulated forums -- county councils, zoning boards of appeals, and historic preservation commissions. After being introduced this type of practice and procedure, the class will present a rezoning case, a variance or special exception case, and a historic preservation case. This portion of the course will be presented by Stephen Orens, WCL ‘68, a former hearing examiner for Montgomery County, Maryland, now in private practice and specializing in land use. One morning a week will be spent on the substantive law, another on the trial practice and presentation aspects of the course. There is a final examination on the first portion.
Textbooks and Other Materials
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First Class Readings
Not available at this time.