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Still, none of those easel had the chilling effect predicted by
<br />many commentators. For e~ample, onh, in a handful of cases
<br />(FirSt ~'nglish) has a tempo!ary regulato'ry taking been found,
<br />and rarely has a development approval or building permit
<br />condition been struck dow~fi under the Nollan nexus test.
<br />Further, concerns raised b~some over the Lucas decision clearly
<br />have been unwarranted. T'~e Lucas rule applies to only a very
<br />scarce brand of takings cas4--the total regulator).' taking.
<br />Consequently, its effects halve been minimal at best.
<br /> Nov,', however, we mus~ evaluate Dolan's potential impact on
<br />land-use regulation. The w&rnings ma.,,' have been exaggerated
<br />after the 1987 cases, and aI~ain in 1992 with Lucas, but
<br />nonetheless lan&use regul4ors will need to reckon with Dolan
<br />for some time to come. This decision is sure to leave local
<br />zoning and planning bodiei in a state of land-use limbo until
<br />some later cases work theirlway through the state and federal
<br />courts. In tile meantime, phnners, regulators, property owners,
<br />developers, attorneys, and 4ther affected groups must grapple
<br />with how Dolan ma)' affect!the future ofzoning~ planning, and
<br />environ,nental regulation. 'Dola, hardly sounds a death knell to
<br />development exactions and~conditions.
<br /> Tile best ad~ ~ce for local planners and regulators is to
<br />ensure that there is a legitimate nexus between the condition
<br />imposed and tile public need generated by thc proposed
<br />development. Then, ma,,t5 sure that the condition is not
<br />excessive in light of the p~rceived impacts. Finally, and above
<br />all, although it will surely!be a costly administrative burden,
<br />the municipality must do4ument all findings and make them
<br />as detailed as possible.
<br />
<br /> The two close votes foreshadowed the growth of the
<br />controversy. By November, as opposition to the strip mall grew, -
<br />residents organized Save Our Neighborhood and mounted a
<br />petition drive to put the matter on the ballot. By the time the
<br />new group filed enough signatures to force a referendum,
<br />however, construction had already begun. A further complication
<br />arose when the group missed a filing date, causing the
<br />referendum to be delayed from the regular December 7 election
<br />to a special election on March 15. Voters then rejected the
<br />rezoning narrowly, 2,323 to 2,170. But by then, construction of
<br />the $4 million project was already 25 percent complete7
<br /> Township officials responded by seeking a court order to bar
<br />further construction but agreed to let a judge decide thc issue.in
<br />a summary judgment in order to resolve the matter quickly. A
<br />trial would not have made it to court until June, and, without
<br />the preliminary injunction, construction would have continued.
<br /> On March 22, however, Kent County Judge George Buth
<br />ruled tha~ construction could continue, citing the fact that
<br />substantial work had already been done on the property,
<br />changing its character. He denied the township's request for a
<br />preliminan/injunction, saying the developer had obtained the
<br />necessary rezoning and permits legally and should not be
<br />punished by having construction temporarily stopped.
<br /> Township officials have expressed, disappointment with the
<br />rulin, g, but Peg Pietrowicz, a member of Save Our
<br />Neighborhood, says the entire controversy should have been
<br />avoided. She says residents expressed their opposition to the
<br />planning commissioners, and township officials and the board
<br />should never have approved the rezoning. Dan Biver
<br />
<br />Thank You for ,
<br />Approving Kmdrf
<br />A new Kmart is expected t4 open next month in Byron
<br />Township, Michigan, but dnly because a judge overturned a
<br />voter referendum designed ~to block it. The strip mall will also
<br />house a Family Fair superrflarket and a handful of other retail
<br />outlets. The fight over the ~trip mall began in August 1993 with
<br />a petition to rezone the 30-Jacre parcel from residential to
<br />commercial use, which the ~township planning commissioners
<br />approved in a 4-3 vote. Th~ township board also approved it a
<br />month later, with a 3-2 vot[.
<br />
<br />Zoning News is a monthly newsletter~published by the American Planning
<br />Association, Subscriptions are available for $45 {U.S.) and $54 {foreign).
<br />Michael B. Barker, Executive Directir; Frank S. So, Deputy Executive Director;
<br />William R. Klein, Director of Resea~$h.
<br />Zoning News is produced at APA. lin~ Schwab, Editor; Michael Barrette, Dan Biver,
<br />Sarah Bohlen. Fay Dolnick, Mich~:ll4 Gregory, Sanjay Jeer, Kevin Krizek, Marya
<br />Morris, Jessica Rio, Reporters; Cyntl)ia Cheski, Assistant Editor; Lisa Barton, Design
<br />and Production. ~
<br />Copyright © t 994 by American Plan~ing Association. 131 $ E. 60th St., Chicago, IL
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<br />Massachusetts Ave,, N.W., Washing!on, DC 20036.
<br />All rights reserved. No part of this p~blication may be reproduced or utilized in any
<br />form or by any means, electronic or ~echanical including photocopying recording,
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<br />
<br />4 ~
<br />
<br />Field of Steel
<br />
<br />Despite vigorous opposition from neighboring farmers, more
<br />than 2,000fiicres of agricultural land in Muscatine County,
<br />Iowa, h~ave been rezoned for heavy industrial use. Ipsco Inc.
<br />of Regina, Saskatchewan, plans to build a $360 million flat-
<br />rolled steel mill near the town of Montpelier, bringing 300
<br />skilled jobs to Muscatine County and neighboring Scott
<br />County.
<br /> In March, following well-attended public hearings in which
<br />farmers objected to taking farmland out of production, both the
<br />county zoning commission and the coun~ board of supervisors
<br />approved the rezoning. Cameron Moore, director of the
<br />Muscatine Development Corporation, dismissed those
<br />objections. He maintains that the development's adverse impact
<br />will be negligible because only 10 percent of the agricultural
<br />land affected is of high quality.
<br /> The mill site, including barge and rail transportation and
<br />a sizeable buffer zone, is currently expected to occupy
<br />somewhat less than 1,000 acres of the more than 2,000 that
<br />Ipsc9 purchased. Lawyers for the company countered
<br />attempts by local farmers to have only the plant site zoned
<br />industrial, noting that Ipsco may want to expand sometime
<br />in the next 15 .to :20 years.
<br /> Plant construction is expected to start this year, with
<br />operations beginning by 1996. The timing helps local workers
<br />who will lose jobs in 1995 when Thatcher Plastics is scheduled
<br />to close its facili~ and leave the area. The Iowa legislature this
<br />spring approved a $73 million package of incentives that state
<br />officials had offered Ipsco. The steel jobs are expected to pay
<br />about $15 per hour with good benefits, la), Dolnick
<br />
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