1. AMERICAN BAR ASSOCIATION MODEL LAND USE PROCEDURES LAW
Approved by House of Delegates, August 11, 2008
Prepared By a Task Force of the
State and Local Government Section
Ed Sullivan, Chair
Administrative Regulation Section
Michael Asimow, Chair

2. Problems in Administrative and Judicial Review
Multiple layered permits and hearings
Inadequate procedures
Poorly controlled decisionmaking
Unclear judicial review provisions
Competence of boards and commissions in a discretionary environment
Finality

3. Growing Smart models on land development control
Unified development permit review process
Completeness review
Record hearing
Consolidated permit
Appeals
Hearing examiner
Land-Use Review Board
Administrative actions and remedies
Conditional uses
Variances
Remedial measures

4. Judicial review under Growing Smart
GS approach to judicial review
Land-use petition, modeled after Washington state
Final decision requirement
Exhaustion of remedies
Supplementation of record
Type of relief

5. THE MODEL LAW IS AVAILABLE AT THE AMERICAN BAR ASSOCIATION WEB SITE
AND
law.wustl.edu/landuselaw
in the statutes section