Zoning Flashcards
Power challenges
argue that locality lacked the statutory power to create zoning categories
Unlawful delegation challenges
that the wrong body made the final decision
Constitutional or statutory challenges
argue that although the locality had the authority to act and the right body acted, its action violated federal or state constitutional rights
Zoning Regulations
Speech Rights:
1) Federal religious land use and industrial persons act of 2000
2) Prohibits land use regulation that impose substantial burdens to religious excercise unless to GOV demonstrates regulation is in furtherance of a compelling government interest and is the least restrictive means of furthering that interest
3) Substantial burden exist when there is a substantial connection between coerced conduct and religious excercise of the institution
4) cant treat non religious and religious institutions differently