Introduction to Zoning Prof. David Glazier Mar 20, 2007 PropertyProperty

Today’s Class Last Words on Covenants Zoning Overview Judicial Endorsement Village of Euclid Reading for Thursday

Covenant Termination + Changed Conditions (Judicial determination) Prescription Expiration Abandonment Condemnation Estoppel Merger Release Consent *aka “Waiver” or “Acquiescence” *

Covenants: Judicial Enforcement Courts generally reluctant to overrule recorded common interest community covenants or condominium declaration rules - Purchasers have advance actual or constructive notice of rules - Judicial scrutiny generally limited to whether covenants violate: (1) constitutionally protected rights, (2) a statute or regulation, (3) public policy, or (4) are “unconscionable” Some states adopt “reasonableness” standard by statute (e.g., CA) - Generally interpreted narrowly by courts - Applied to development as a whole, not individual situation

CIC Rules: Judicial Enforcement Courts generally give greater scrutiny to rules adopted by HOA/condominium boards of directors - Purchasers have no advance notice of rules - Can significantly impact use/alienability But some courts adopt “business judgment” standard - Normal practice in corporate law arena - Significant deference to board decisions

Village of Euclid v. Ambler Realty Where was this case brought originally? What was the basis for jurisdiction?

Village of Euclid v. Ambler Realty What court decided the issue? When? x What was the Court like in this era?

Village of Euclid v. Ambler Realty What were the basic facts?

Use Districts in Cumulative Zoning U-1 U-2 U-3 U-4 U-5 U-6 “Euclid Zoning”

Height Districts H-1 H-2 H-3

Area Districts A-1 A-2 A-3 A-4

Zoning Impact on Ambler’s Land

Village of Euclid v. Ambler Realty What did the Court decide? Why?

Village of Euclid v. Ambler Realty What is the role of state law here?

Zoning Overview Early 20 th century development Constitutional Authority? - Derived from state “police power” - health, safety, welfare, morals - statutory delegation to local governments Elected officials must enact binding guidance - Planning/zoning commission drafts proposal - Board of adjustment/appeals considers fairness -- Variances for hardships -- Special exception if set requirements met

Zoning *** Modern example

Upcoming Reading Thursday Read PA Northwestern pp Read notes 2 & 4 pp Read Commons v. Westwood pp

Questions?