The URL can be used to link to this page

Agenda 06/24/2008 Item #16A17 Agenda Item No. 16A 17 June 24, 2008 Page 1 of 12 EXECUTIVE SUMMARY Request approval by the Board of County Commissioners for a Budget Ameudment, to obtain professional services for the revision of the sigu code section of the Land Development Code in respouse to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County "Sign Code" unconstitutional and to obtain expert testimony and litigation support pertaiuing to the Plaintiff's damages claim. (Companion item to 16A16) OBJECTIVE: To request that the Board of County Commissioners (BCe) approve a Budget Amendment to obtain professional services for the revision of the sib'I1 code section of the Land Development Code in response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County "Sign Code" unconstitutional and to obtain expert testimony and litigation support pertaining to the PlaintiJf's damages claim, CONSIDERA nONS: As a result of the legal challenge asserted in a pending federal case, the County has been enjoined against enforcement of certain provisions of the sign code, more specifically, sections 5.06.01, 5.06.05, 5.06.06 and 5.06.07, of "the Sign Code" based on the Federal Court's declaration of unconstitutionality. The County has agreed to abide by the Court's order until such time as the unconstitutional provisions of the sign code are eliminated, amended and/or replaced. The goal is to review the Code in its entirety to ensure it conforms to the First Amendment to the United States Constitution. The County has agreed to resolve the unconstitutionality of the sign code before January 1,2009. It has been recommended that the County hire an independent contractor with experience in Sign Codes and ensuring conformance with the First Amendment to the United States Constitution, Professional Daniel R. Mandelker with the University of Washington in St. Louis has been recommended for the completion of this amendment process. The professor's credentials have been attached for the Board's review. The costs for these services have been projected not to exceed $35,000. An executive summary requesting a special cycle (to begin on October I, 2008 and end on December 16, 2008) to complete a special pUlpose amendment to address the required sign code amendment has been prepared for the Board's consideration. As part of the pending litigation, the County Attorney's office recommended retaining an expert economist to review damages issues prior to Federal Mediation for the case scheduled for July 22, 2008. The Plaintiff's claims for damages, attorney fees, and costs exceed $450,000. The costs for these services have been projected not to exceed $25,000. FISCAL IMPACT: 1 Agenda Item No. 16A17 June 24, 2008 Page 2 of 12 The contract with Professor Mandelker is estimated not to exceed $35,000 and the contract with the expert economist is estimated not to exceed $25,000. In order to fund the desired contracts, a budget amendment in the amount of $60,000 is necessary moving dollars from MSTD General Fund (III) Reserves to the Code Enforcement Fund (111) Operating Appropriation Unit. This BA will insure that sufficient dollars are available to fund the contracts. GROWTH MANAGEMENT IMPACT: This request has no Growth Management Impact. LEGAL CONSIDERA nONS: The Plaintiff has retained an economist expert to assist in the litigation. Retention of an expert for the County is essential to the litigation. [JWH] STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request Budget Amendment to obtain professional services to resolve the pending litigation against the sign code. Prepared by: Michelle Edwards Arnold, Code Enforcement Director 2 Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 16A17 June 24, 2008 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Request approval by the Board of County Commissioners for a Budget Amendment, to obtain professional services for the revision of the sign code section of the Land Development Code In response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) whIch declared sections of the Collier County Sign Code unconstitutional and to obtain expert testimony and litigation support pertaining to the Plaintiffs damages claim. (Companion item to 16A16) 6/24/2008900:00 AM Prepared By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 6/13/200811 :18:25 AM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 6/13/200811 :26 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 6/13/200811:28 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 6/13/20083:19 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 6/13/2008 4:31 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 6/16/200811:25AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/16/20086:12 PM file://C:\AgendaTest\Export\ 11 0-June%2024,%202008\ 16.%20CONSENT%20AGENDA \ I... 6/18/2008 WULS: Daniel R. Mandelker Agenda Item r-Ragill)!m2 June 24, 2008 Page 4 of 12 Home >00 Washington University in SI. Louis I Law School I Anheuser-Busch Hall I One Brookings Drive I St. Louis, Missouri 63130 I 314.935.6400 a., ___' _ ___ . '~' D> .-. .~. ...... .~ , , ~w ....,. j.., ,. , .. .. 1 "'l Daniel R. Mandelker Howard A. Stamper Professor of Law E-mail: mandelker@wulaw.wustl.edu Phone: (314) 935-6441 Office: Anheuser-Busch Hall, Room 468 Assistant: Andrea Donze E-mall:donze@wulaw.wusll.edu Phone: (314) 935-<5422 Courses Taught Land Use Law State and Locai Government Environmental and Land Use Litigation Education B.A., 1947, University of Wisconsin LL.B., 1949, University of Wisconsin J.S.D., 1956, Yale University Profile Professor Mandelker is one of the country's leading scholars and teachers in land use law. He is the co-author of a popular law school casebook, "Planning and Control of Land Development", now in its sixth Edition; the au1hor of "Land Use Law, a comprehensive treatise in this field"; and co-author of "Property Law and the Public Interest," a modern property law casebook, He also is a pioneer in the teaching of environmental iaw and state and local government law, and his casebook on state and iocal government is in its Fifth Edition. In environmental law, Professor Mandelker is best known for his widely-used treatise, "NEPA Law and Litigation". His stature as leading scholar and teacher is continually affirmed by invitations to lecture throughout the world, including the http://law. WlIstl.edu/facul ty /index.asp ?id=293 6/13/2008 WULS: Daniel R. Mandelker Agenda Item i&gllJAnf2 June 24, 2008 prestigious Denham Lecture at Cambridge University. Professor Mandelker was the principal consultant and contribut'!ll',j!l~ of 12 American Planning Association's model planning and zoning legislation project, which published a "Legislative Guidebook" containing new model legislation in 2002. Activities [more] Publications [more] << Return to Faculty Profiles Faculty . Faculty Home . Visiting Faculty Fellows Program . In the News . Faculty Guide . Quotes . Faculty Research Seminar . Faculty Colloquia . Course Web Pages . Faculty Services Faculty Profiles . Deans . Senior Administrators . Faculty Profiles . Legal Research Faculty . Adjunct Faculty . Emeriti Faculty . Affiliated Faculty . Visiting Faculty http://law.wustl.edulfaculty/index.asp?id=293 6113/2008 WULS: Daniel R. Mandelker Activities Home Agenda Item I'Rllgl:6& nf 2 June 24, 2008 Page 6 of 12 oGO Washington University in St. Louis I Law School I Anheuser-Busch Hall I One Brookings Drive I 51. Louis, Missouri 63130 I 314.935.6400 ao, _' --.. . _u . All -- 11' . .. . , :0:"""1 ..,:\;4 =,. ~'... -., , \ .. ~ _ Activities Daniel R. Mandelker Howard A. Stamper Professor of Law Professor Daniel Mandelker is serving as a legal consunant for New Orleans' Bureau of Governmental Research, offering his expertise in the city's efforts to drastically reform its land-use policies. His report on city planning reform in New Oneans, which he prepared a few years ago, recently was accepted by the Land Use Committee of the Bring New Orleans Back Commission, as the basis for revision of the city's charter. The reforms seek to create overall consistency and fairness in the city's processes for making zoning decisions; bring the decision-making process in line with the city's master plan: and give neighborhoods a voice in zoning and conditional-use matters. The charter revisions are expected to be submitted in the next election. Additionally, Professor Mandelker has been appointed to a joint committee of the ABA that is studying the administrative and jUdicial review process in land use decision-making. The American Planning Association (APA) recently published Planning Reform in the New Century, a collection of essays based on a conference held at the law school and edited by Professor Mandelker. The APA also pubiished a Planning Advisory Service report by Professor Mandelker, Street Graphics and the Law, which is a revision of his widely influential text and model ordinance on sign regulation, The sixth edition of his co-authored casebook, State and Local Government in a Federal System, was published last spring, and the sixth edition of his co-authored casebook, Planning and Control of Land Development, also was recentiy published. Professor Mandelker has lectured nationally and internationally on land-use topics and the National Environmental Policy Act, and will speak on the New Orleans charter reforms at the January meeting of the Association of American Law Schools. His recent lectures also include sessions at the annual meetings of the APA and the keynote address at the international conference of the Intemational Federation of Housing Planning in Oslo, Norway. He will speak at an international land use conference in The Hague, Nethenands, in February. << Return to Profile Faculty . Faculty Home . Visiting Faculty Fellows Program . In the News . FaCUlty Guide http://law ,wust1.edu/faculty /index.asp ?id=292 6113/2008 . Quotes . Faculty Research Seminar . Faculty Colloquia . Course Web Pages . Faculty Services Agenda Item ~g!l3l uf 2 June 24,2008 Page 7 of 12 WULS: Daniel R. Mandelker Activities Faculty Profiles . Deans . Senior Administrators . Faculty Profiles . Legal Research Faculty . Adjunct Faculty . Emeriti Faculty . Affiliated Faculty . Visiting Faculty http://law.wustl.edu/faculty/index.asp?id=292 6/13/2008 WULS: Daniel R. Mandelker Publications Home Agenda Item rf<l\~A 'f:i 5 June 24, 2008 Page 8 of 12 _GO Washington University in SI. Louis I Law School I Anheuser-Busch Hall I One Brookings Drive I SI. Louis, Missouri 63130 I 314.935.6400 . . . II :-,.. :,= I . ~I ....'\.4 ..,. '" '.. ~ ' . ... ~ " ,. 1... , . Publications You will need to download the free Adobe Reader if you choose to view the flies through our website. Daniel R. Mandelker Howard A. Stamper Professor of Law Books . State and Local Government in a Federal System (w~h D. Netsch, P. Salsich, J. Wegner, S. Stevenson & J. Griffith) (6th ed. 2006) . Planning and Control of Land Development (with J. Payne, P. Salsich & N. Stroud) (6th ed. 2005) . Street Graphics and the Law, Revised Edition (American Planning Ass'n, Planning Advisory Servo Rep. No. 527 (2004) (with A. Bertucci and W. Ewald) . Property Law and the Public Interest (with G. Hytton, D. Callies & P. Franzese (2d ed. 2003) . Land Use Law (5th ed. 2003 & Supp. 2005) . Environmental Protection: Law and Policy (w~h F. Anderson, R. Glicksman, & D. Tartock) (4th ed. 2003) . Editor, Protecting Free Speech and Expression: The First Amendment and Land Use Law (American Bar Association, 2001) (with R.L. Rubin) . Housing and Community Development: Cases and Materials (wilh others) (3d ed. 1999) . NEPA Law and Litigation (2d ed. 1 992 & updated annually) . Street Graphics and the Law (with W. Ewald) (1988) . Federal Land Use Law (with J. Gerard & T. Sullivan).(1986 &.Supp. 2002) . Environment and Equity: A Regulatory Challenge (1981) . Reviving Cities Through Tax Abatement (with G. Feder & M. Collins) (1980) . Housing in America: Problems and Perspectives (with R. Montgomery) (2d Ed. 1979) . Environmental and Land Controls Legislation (1976 & Supp. 1982) . New Developments in Land and Environmental Controls (1974) . Air Quality Management and Land Use Planning (with G. Hagevik & R. Brail)(1974) . Housing Subsidies in the United States and England (1973) . Street Graphics (with W. Ewald) (1971) . The Zoning Dilemma (1971) . Managing Our Urban Environment (2d Ed. 1971) . Case Studies in Land Planning and Development (1968) . Green Belts and Urban Growth: English Town and Country Planning in Action (1962) Monographs: . Corridor Preservation: Study of Legal and Institutional Barriers (with B. Blaesser), Federal Highway Administration (1996) . Environmental Policy: The Next Generation (Fifteenth Denman Lecture, University of Cambridge, England; Department of Land Economy, 1993) . The Application of the National Environmental Policy Act to Highway Projects (with G. Feder), National Cooperative Highway http://law. wustl.edu/facul ty /index.asp ?id=294 6/13/2008 ~.- , WULS: Daniel R. Mandelker Publications Agenda Item r&g'l61 uf 5 June 24, 2008 Research Program, Legal Research Digest, No. 15 (1990) Page 9 of 12 . Legal Techniques for Reserving Right-of-Way For Future Projeels Including Corridor Proteelion (with A. Kalis), National Cooperative Highway Research Program, Research Results Digest No. 165 (1987) . 1974 Five Year Boundary Review Report: An Evaluation ofthe Hawaii Land Use Law (with S. Spiegel) (1974) . Editor, The Capacity ofthe Legal System to Facilitate the Urban Development Process: Korea and the Philippines (1972) . Controlling Pianned Residential Development (1966) Chapters in Books and Monographs . Projeel Environmental Analysis in Transportation Research Board, 3 Seleeled Studies in Highway Law, Environmental Law and Transportation (2003) . Derecho Urbanlstico y Ordenaci6n Urbanistica Excluyente en los Estados Unidos de America in Annuario del Gobierno Local 2002,at169 . Commentary and Draft Model Legislation on Judicial and Administrative Review, Melding State Environmental Policy Aels with Local Planning, Corridor Maps and Amortization of Nonconforming Uses in American Planning Association, Growing Smart Legislative Guidebook, Model Statutes for Planning and the Management of Change (2002) . The Notice Rule in Investment-Backed Expectations in Taking Sides on Takings Issues (T. Roberts ed., American Bar Association, 2002) . Sign Regulation and Free Speech: Spooking the Doppelganger in Trends in Land Use Law from A to Z (P. Salkin, ed., American Bar Association, 2001) . Corridor Maps (with B. Blaesser) in Modernizing State Planning Statutes: The Growing Smart Working Papers Vol. II, American Planning Association, Planning Advisory Service Report No. 480-481 (1998) . Judicial Review of Land-Use Decisions in Modernizing State Planning Statutes: The Growing Smart Working Papers, American Planning Association, Planning Advisory Service Report No. 462-463 (1996) . Waiving the Taking Clause: Conflieling Signals from the Supreme Court, 1994 Proceedings of the Instrtute on Planning, Zoning, and Eminent Domain Ch. 7 (1995) . Housing Issues in AIDS Law Today in S. Burris, H. Datton, J. Miller & the Yale Law Projeel, Eds., AIDS Law Today (1993) . The Legal Framework for Environmental Review of State and Local Public Works Projects in Advisory Commission on Intergovernmental Relations, Intergovernmental Declsionmaking for Environmental Protection and Public Works (1992) . Principles on Due Process and Equal Protection in B. Blaesser & A. Weinstein, Eds., Land Use and the Constitution: Princtples for Planning Practice (1989) . Zoning in L. Levy, K. Karst & D. Mahoney, Eds., Encyclopedia of the American Constitution 2088 (with B. Ross) (1986) . Group Homes: The Supreme Court Revives the Equal Protection Clause in Land Use Cases, 1986 Proceedings of the Institute on Planning, Zoning, and Eminent Domain Ch. 3 (1986) . The Constitutionality of Inclusionary Zoning: An Overview in D. Merriam, D. Brower and P. Tegeler, Eds., Inclusionary Zoning Moves Downtown (1985) . Legislation to Reduce Litigation in Urban Land Instrtute, Working With the Communrty: A Developer's Guide (1985) . Land Use Law and Antitrust Liability in E. Netter, ed., Land Use Law: Issue for the Eighties, Part II (1984) . Environmental Proteelion in F. So, I. Hand & B. McDowell, Eds., The Practice of State and Regional Planning (1984) . Comprehensive Plans and the Law (with E. Netter), In E. Netter and S. Meck, Eds., A Planner's Guide to Land Use Law (1983) . Energy Conservation Implementation Through Comprehensive Land Use Controls, in R. Burchell & D. Listokin, Eds., Energy and Land Use (1982) . The Taking Issue in Land Use Regulation, in J. DeNeufville, ed., The Land Use Policy Debate in America (1981) . Commentary on Legal Aspeels of Controlling Shopping Center Competrtion, in G. Sternlieb & J. Hughes, Eds., Shopping Centers: U.S.A. (1961) . Regulatory Simpliflcation: An Overview, in A. Kalis, ed., Thirteen Perspectives on Regulatory Slmpliflcation (Urban Land Institute Research Rep. No. 29, 1979) . The Role of the Federal Government in Land Use Planning and Development Controls (with D. Wafer) in R. Cowart, ed., Land Use: Planning, Politics, and Policy (1976) . The Clean Air Act Land Use and Transportation Implications, in Proceedings, National Conference on Land Use and Transportation Planning and Air Quality Management (1975) http://1aw . wustl.edu/faculty /index.asp ?id=2 94 6/13/2008 ~,.._-.. WULS: Daniel R. Mandelker Publications Agenda Item il?~g~ W 5 . June 24,2008 . Planned Unit Development: Internal Procedures and External Effects, in R. Burchell, ed., Frontiers of Planne~ 10 of 12 Development (1973) . Quality Standards for the Control of Air Pollution, in A. Atkisson & R. Gaines, Eds., Development of Air Quality Standards (1970) . The Basic Philosophy of Zoning: Incentive or Restraint, in N. Marcus & M. Govers, Eds., The New Zoning (1970) . New Incentives and Controls, in W. Ewald, ed., Environment and Policy (1968) . A Legal Strategy for Urban Development, in S. Warner, ed., Planning for a Nation of Cilies (1966) Articles (partial) . Model Legislation for Land Use Decisions, 35 Urban Lawyer 635 (2003) . The Affordable Housing Element in Comprehensive Plans, 30 Boston College Environmental Affairs Law Review 555 (2003) . Fred Bosseiman's Legacy to Land Use Reform, 17 Journal of Land Use and Environmental Law 11 (2002) . Entitlement to Substantive Due Process: Old versus New Property in Land Use Regulation, 3 Washington University Journal of Law and Poiicy 61 (2000) . Managing Space to Manage Growth, 23 Wiiliam & Mary Environmental Law and Policy Review 801 (1999) . Testimony of Daniel R. Mandelker on H.R. 1534 Before the House Judiciary Committee, 31 Urban Lawyer 323 (1999) . Federal Land Use Issues for the Next Century, 21 Zoning and Planning Law Report 33 (1998) . New Property Rights Under the Taking Clause, 81 Marquette Law Review g (1997) . Melding State Environmentat Policy Acts with Land-Use Pianning and Regulation, Land Use L. & Zoning Dig., Vol.49, No.3, at 3 (1997), reprinted in Modernizing State Planning Statutes: The Growing Smart Working Papers Vol. II, American Planning Association, Planning Advisory Service Report No. 480-481 (1998) . Two Cheers for Shifting the Presumption of Validity: A Reply to Professor Hopperton (with D. Tarlock), 24 Boston College Environmental Affairs Law Review 103 (1996) . Planning and the Law, 20 Vermont Law Review 657 (1996) . Property Rights and Takings (with A. Strong & E. Kelly), 62 Journal of the American Planning Association 5 (1996) . Investment-Backed Expectations in Taking Law, 27 Urban Lawyer 215 (1995) . Zoning Discrimination Against Group Homes Under the Fair Housing Act, Land Use Law and Zoning Digest, Vol. 46, No. 11, at 3 (1994) . Of Mice and Missiles: A True Account of Lucas v. South Carolina Coastal . Council, 8 Journal of Land Use and Environmental Law 285 (1993) . Environmental Policy: The Next Generation, 64 Town Planning Review 107 (1993) . Takings '92: The Case of the Curious Case, Land Use Law and Zoning Digest, Vol. 44, No.9, at 3 (1992) . Takings: Trilogy II, Land Use Law & Zoning Digest, Vol. 44, No.4, al3 (1992) . Shifting the Presumption of Constitutionality in Land-Use Law (with D. Tartock), 24 Urban Lawyer 1 (1992) . The Confiict Between Environmental Land Use Regulation and Housing Affordability, 15 Zoning and Planning Law Report 1 (1992) . Choice of Forum in Land Use Litigation: Federal or State?, 14 Zoning and . Planning Law Report 114 (1991) . Land Reservation for Public Facilities: The Taking Issue (with A. Kolis), Urban Land, Vol. 49, No.4, at 30 (1990) . A Plea to Allow the Federal Courts to Clarify the Law of Regulatory Takings (with M. Berger), Land Use Law & Zoning Digest, Vol. 42, No.1, at 3 (1990) . The Shifting Presumption of Constitutionality in Land-Use Law, 4 Journal of Planning Literature 393 (1969) . Controlling Nonpoint Source Water Pollution: Can it Be Done?, 65 Chicago-Kent Law Review 479 (1989) . NEPA Alive and Well: The Supreme Court Takes Two, 19 Environmental Law Reporter 10365 (1989) . Interim Development Controls in Highway Programs: The Taking Issue, Journal of Land Use and Environmental Law 167 (1989) . The Quiet Revolution -- Success and Failure, 55 Journal ofthe American Planning Association 204 (1989) . Waiving the Taking Clause: Confiicting Signals From The Supreme Court, Land Use Law & Zoning Digest, Vol. 40, No. 11, at 3 (1988) . Applying the Ripeness Doctrine in Federal Land Use Litigation (with B. Blaesser), 11 Zoning and Planning Law Report 50 (1988) . Investment-Backed Expectations: Is There a Taking?, 31 Washington University Joumal of Urban and Contemporary Law 3 http://law, wust1.edulfaculty /index.asp ?id=294 6/13/2008 (1987) . Making Difficult Choices for Lower Income Housing Subsidies, 8 Urban Law and Policy 191 (1986) . Public Entrepreneurship: A Legal Primer, 15 Real Estate Law Journal 1 (1986) . Reversing the Presumption of Constitutionality in Land Use Litigation: Is Legislative Action Necessary?, 30 Washing10n Univers~y Joumal of Urban and Contemporary Law 5 (1986) . The White River Junction Manifesto (with N. Williams, R. Smith, C. Siemon & R. Babcock), 9 Vermont Law Review 193 (1954) Special Purpose Zoning, Urban Land, Vol. 43, No. 10, at 34 (1954) . The Free Speech Revolution in Land Use Control, 60 Chicago-Kent Law Review 51 (1984) . Cleaning the Air: The Costs and Benefits of Air Quality Control, Washington University Law Schooi Magazine, Vol. 5, No.1, at 30 (1983) . Urban Revitalization in the 1980's, Washington University Magazine, Vol. 53, No.3, at 14 (1983) . Professor Hagman's Legacy to Legal Scholarship (with D. Tarlock), 29 Univers~y of California at Los Angeles Law Review 770 (1982) . Planning and Housing in the Yugoslav Republic of Solvenia, 4 Urban Law and Policy 357 (1982) . Inverse Condemnation for Land Use Takings: New Riddles from the Supreme Court, Urban Land, Vol. 40, No.8, at 22 (1981) . Land Use Takings: The Compensation Issue, 8 Hastings Constitutional Law Quarterly 491 (1981) . The Billboard Ban: Aesthetics Comes of Age (with L. Reiman), Land Use Law & Zoning Digest, Vol. 31, No. 11, at 4 (1979) . Wither Hawaii: Land Use Management in an Island State (with A. Kolis), 1 University of Hawaii Law Review 48 (1979) . Constitutional Limitations on Emission Quotas as an Air Pollution Control Strategy (w~h F. Taub), 8 Ecology Law Quarterty 269 (1979) . City Planning in the Soviet Union: Problems of Coordination and Control, 2 Urban Law & Poilcy 97 (1979) . The Catch-13 in Proposition 13: Higher Development Charges Raise New Questions for Courts, Environmental Comment Juiy, 1979,at4 . The Quiet Revolution Reconsidered, Land Use Law & Zoning Digest, Vol. 31, No.8, at4 (1979) . Differential Enforcement of Housing Codes-The Constitutional Dimension (with J. Gibb & A. Kolis, 55 Journal of Urban Law 517 (1978) . Should State Government Mandate Local Planning? .. Yes, Planning, July, 1978, at 14 . Racial Discrimination and Exclusionary Zoning: A Perspective on Arlington Heights, 55 Texas Law Review 1217 (1977) . Emission Quota Strategies as an Air Pollution Control Technique (with T. Sherry), 5 Ecoiogy Law Quarterly 401 (1976) . The Role of the Local Comprehensive Plan in Land Use Regulation, 76 Michigan Law Review 899 (1976) . Multi-Permit Procedures in the Hawaiian System of Land Use Controls, Environmental Comment, May 1976, at 12 . Critical Area Controls: A New Dimension in American land Development Regulation, 41 Journal of American Institute of Planners 21 (1975) . Downzoning to Control Growth Draws a Close Look from the Courts, 3 Real Estate Law Joumal402 (1975) . The National Coastal Zone Management Act of 1972 (with T. Sherry), 7 Urban Law Annual 119 (1974) . The Role of Land Use Controls in Combating Air Pollution Under the Clean Air Act of 1970 (with S. Rothschild), 3 Ecoiogy Law Quarteriy 235 (1973 . Urban Conflict In Urban Renewal: The Milwaukee CRP Experience, 1971 Law and the Social Order 635 . Legal and Political Forums for Urban Change, 405 Annals of the American Academy of Political and Social Science 41 (1973) . Judicial Review of Land Development Controls Under the ALl Model Code, 1971 Land-Use Controls Annuai 101 . The Local Community's Stake in Code Enforcement, 3 Urban Lawyer 601 (1971) . A Model State Relocation Law, 1971 Urban Law Annual 117 . Strategies in English Slum Clearance and Housing Policies, 1969 Wisconsin Law Review 800 . Housing Codes, Building Demolition and Just Compensation: A Rationale for the Exercise of Public Powers Over Slum Housing, 67 Michigan Law Review 800 . Investment Activities of Relocated Tenement Landlords - A Pilot StUdy (with D. Heeter), 1968 Urben Law Annual 33 . The Comprehensive Pianning Idea in Urban Renewal, 116 University of Pennsylvania Law Review 16 (1967) . Inverse Condemnation: The Constitutional Limits of Public Responsibility, 1966 Wisconsin Law Review 3 . The Role of Law in the Planning Process, 30 Law and Contemporary Problems 26 (1965) . Controlling Land Values in Areas of Rapid Urban Expansion, 12 University of California at Los Angeles Law Review 734 (1965) . Some Policy Considerations in the Drafting of New Towns Legislation, 1965 Washington University Law Quarterly 71 . Planning the Freeway: Interim Controls in Highway Programs, 1954 Duke Law Journal 439 Agenda Item rfa:~il..pf5 June 24, 2008 Page 11 of 12 WULS: Daniel R. Mandelker Publications http://law . wust1.edu/faculty /index.asp ?id=2 94 6/13/2008 i-- I I i WULS: Daniel R. Mandelker Publications Agenda Item rf<ii~,fi, -pf 5 D I . f P d F ct' . Z . Ad" t \. 1963 W h' U' . L Q June 24,2008 . e egatlon 0 ower an un Ion In onlng miniS ra lon, as Ington n1verslty aw uarterly 60 Page 12 of 12 . Control of Competition as a Proper Purpose in Zoning, 14 Zoning Digest 33 (1962) . Notes from the English: Compensation in Town and Country Planning, 49 California Law Review 699 (1961) << Return to Profile Faculty . Faculty Home . Visiting Faculty Fellows Program . In the News . Facuity Guide . Quoles . Faculty Research Seminar . Faculty Colloquia . Course Web Pages . Faculty Services Faculty Profiles . Deans . Senior Administrators . Faculty Profiles . Legal Research Facutty . Adjunct Faculty . Emeriti Faculty . Affiliated Faculty . Visiting Faculty http://law. wustl.edu/faculty /index.asp?id=2 94 6/13/2008