Lawyers

illustration by Marc Hughes for the PlannersWeb

illustration by Marc Hughes for the PlannersWeb

Planning is a structured process governed by legal principles, statutes, and codes. Planning commissioners regularly deal with legal issues — and lawyers.

Bright Ideas

New Online Resource: RLUIPA-Defense Blog

from PlannersWeb Editor Wayne Senville

We were excited to learn that one of the top land use lawyers in America, Dwight Merriam, and his colleague, Evan Seeman, have just started a blog dealing with RLUIPA, the Religious Land Use and Institutionalized Persons Act. As Seeman describes it: “It’s all about how municipalities may defend against claims taken under RLUIPA.” If your community faces RLUIPA issues, we’re sure this will be a valuable resource.

PCJ Articles

Taking Aim at Takings Claims

by Dwight Merriam

Takings claims can create enormous potential liability for local governments. Respected land use lawyer and planner Dwight Merriam provides an overview of basic takings principles, and addresses questions planning commissioners often have.

PCJ Articles

Procedural Due Process in Practice

by Dwight Merriam, Esq. & Robert Sitkowski, Esq.

No person shall be deprived of property “without due process of law.” A primer on what this Constitutional requirement means for the process planning commissions and zoning boards need to follow in handling land use permit applications.

PCJ Articles

Legal Issues Facing Planning Commissions & Zoning Boards

with attorneys Richard Lehmann, Carolyn Baldwin, Charles Wolfe, and Neil Lindberg

Ways in which planning boards can improve their dealings with attorneys.

PCJ Articles

The Property Rights Challenge: What’s A Planner to Do?

by Irving Schiffman

The growth of the property rights movement has been reflected in court decisions and legislative enactments — and has affected local land use regulation. Professor and attorney Irving Schiffman reviews the changing landscape of planning law, and offers guidelines for planners in responding to the property rights challenge.

PCJ Articles

The Role of the Lawyer

by Carolyn W. Baldwin, Esq.

Attorney and planning commission chairman Carolyn W. Baldwin discusses four different relationships between attorneys and planning commissions.